Ahmedabad: A resident of Dwarka approached the Gujarat high court seeking action against a car driver involved in a fatal road accident that claimed the life of his son, alleging that the police instead registered an FIR against the deceased motorcyclist.
Petitioner Sabir Kundiya told the court that his son, Aliasghar, sustained fatal injuries in a collision with a car on Jan 27. Following the accident, Kundiya lodged a complaint with the police seeking action against the car driver, Jitendra Dave, whom he held responsible for his son’s death.
However, the Dwarka police registered an FIR against Aliasghar on Jan 30 based on a complaint filed by Dave.
Car Driver's Version of Events
According to Dave’s FIR, he was driving his car on the evening of Jan 27 when Aliasghar allegedly came from the wrong side of the road and collided with the vehicle before falling down. Dave stated that he began experiencing chest pain after the incident and was taken home by local residents. Later, he learned that the motorcyclist suffered serious injuries and was shifted to Rajkot Civil Hospital, where he was declared dead.
Dave further stated that he approached the police station to file a complaint after recovering from the shock of the incident. Based on his complaint, the police booked the deceased youth under provisions of the Bharatiya Nyaya Sanhita (BNS) and the Motor Vehicles Act for rash and negligent driving resulting in his own death.
Petitioner's Grievance in Court
Appearing before the high court, Kundiya’s advocate argued that despite the father’s complaint against the car driver, the police did not register an FIR and instead waited three days before acting on the complaint submitted by Dave. The petitioner sought a direction from the court to compel the police to register an FIR against the car driver.
After hearing the matter, Justice M R Mengdey suggested that the petitioner pursue the grievance before the jurisdictional magistrate in accordance with criminal procedure.
Petition Withdrawn
Accepting the court’s suggestion, the petitioner’s advocate sought permission to withdraw the plea. Disposing of the petition, the court recorded: “Learned advocate for the petitioner seeks permission to withdraw the present application with a view to take recourse to an alternative remedy available to the petitioner.”
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