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New Delhi: Delhi Police has made it tougher for 19-year-old Utsav Bhasin to escape the consequences of mowing down a motorcycle rider and injuring another with his BMW car last week.
Police informed the Delhi High Court on Tuesday that it has amended the First Information Report (FIR) against Bhasin and included the clause Section 304 (culpable homicide not amounting to murder), a non-bailable offence. Earlier, it was filed under Section 279 (rash and negligent driving) and 337 (causing hurt and endangering life) of the Indian Penal Code.
The move by the police comes in the wake of a petition moved by Rajender Singh, the father of Anuj Singh, who succumbed to his injuries September 13. Anuj was riding pillion on a motorcycle that was hit by the BMW on September 11.
Justice Veena Birbal issued notice to Delhi Police on Singh's plea and asked it to file its reply by September 30, the next date of hearing.
Appropriate action
"We have amended the First Information Report [FIR] and have added Section 304 against the accused. Now it is for the trial court to decide under which section he is to be prosecuted," the counsel appearing for the city police told the court.
The court, after hearing the contention, said police can take appropriate action as the offence is non-bailable.
"You [police] can always arrest him [Bhasin]. It a non-bailable offence. The respondent [Bhasin] can approach the court for bail."
Advocate Vinod Tyagi, appearing for Singh, contended that the accused, who is the son of a Haryana industrialist, could try to influence witnesses and pleaded that he should be restrained from moving out of Delhi.
Advocate Ramesh Gupta, appearing for Bhasin refuted the allegation and said that his client cannot fly out of the country as his passport has already been seized by the police.
"I am not going to escape from the system and I would appear before the police whenever required by the investigating agency," Gupta added.
Singh had approached the high court seeking its direction to cancel Bhasin's bail, alleging that he might tamper with evidence.
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