Kanpur Court Dismisses Driver's Surrender Plea in Lamborghini Crash Case
In a significant development in the high-profile Lamborghini car crash case, Additional Chief Judicial Magistrate (VII) of Kanpur Nagar, Amit Singh, on Wednesday dismissed the surrender application filed by the driver of tobacco baron's son Shivam Mishra. The court firmly stated that Shivam Mishra remains the primary accused based on the police investigation report, rejecting the driver's plea for judicial custody.
Court Cites Police Investigation in Dismissal
The ACJM (VII) explicitly noted that since the driver, Mohan Lal, was not mentioned anywhere in the First Information Report (FIR), his application lacked merit and was therefore dismissed. "The applicant was neither named in FIR, nor did his name emerge during the police investigation. Consequently, his application has no standing and is liable to be dismissed," Magistrate Singh declared during the hearing.
This ruling came after two separate petitions were filed in the court on Tuesday. While Mohan Lal sought judicial custody, the car owner, Shivam Mishra, applied for the release of the Rs 10 crore luxury vehicle, which has been impounded at the police station since the accident.
Prosecution Opposes Driver's Application
The prosecution team, led by District Government Counsel (Criminal) Dilip Awasthi and Public Prosecutor Nagendra Kumar Mishra, strongly opposed the driver's bail application. They argued that Mohan Lal was not named in the FIR and was not identified as the accused during the thorough police investigation.
Public Prosecutor Mishra further elaborated that the police had registered the FIR based on allegations that the Lamborghini caused injuries in the crash. Evidence gathered suggests Shivam was driving the vehicle at the time of the incident, he emphasized, urging the court to direct Shivam to cooperate fully with the ongoing investigation.
Car Release Denied and Technical Examination Ordered
In a related decision, the court also denied the request to release the accident-involved Lamborghini, citing the police report. The vehicle will remain at the police station pending further investigation. Magistrate Singh directed Shivam Mishra to cooperate completely with the investigation and provide all necessary documents to facilitate a technical examination of the high-end car, as authorities noted his lack of cooperation in this regard.
The court clarified that the application for vehicle release would only be considered after the technical examination report is submitted. To expedite the process, the ACJM directed the police to complete the technical examination of the vehicle and submit the report before the court by Friday.
Defense Claims Settlement with Injured Party
Earlier in the proceedings, Shivam Mishra's lawyer, Narendra Kumar Yadav, presented a counter-argument. He stated that the injured party, Mohd Tausif, has settled with the driver and identified Mohan Lal as the one driving the vehicle during the crash. Yadav further claimed that Tausif has expressed no desire to pursue the case further, suggesting a potential resolution outside of court.
However, the court's dismissal of the driver's surrender application and the denial of the car release indicate that the legal proceedings will continue based on the police investigation findings. The case highlights the complexities involved in high-value accident investigations and the judicial scrutiny applied to ensure thorough examination of all evidence.
