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Mihir Shah, the main accused in the Worli BMW hit-and-run, has filed a habeas corpus (produce the person) petition before the Bombay High Court, claiming that he was illegally detained. The 24-year-old, who is the son of Shinde Sena leader Rajesh Shah, sought immediate release. He contended that his further detention was in violation of the law as he was not informed about the grounds of arrest before taking him in custody.
“The police did not comply with section 50 of the Code of Criminal Procedure, which mandates that they must communicate to the person, who is being taken in custody, the full particulars of the offence for which he or she is being arrested or other grounds for such arrest,” said Shah's plea filed last week.
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Shah also sought quashing of the orders passed by a local court remanding him to first police custody and then judicial custody. He demanded that his arrest be declared as illegal. Advocates Rishi Bhuta and Neha Patil mentioned the plea for urgent hearing before a bench of Justices Bharati Dangre and Manjusha Deshpande on Monday. The bench has kept the matter for hearing on August 21.
On July 7, Shah allegedly rammed his BMW into a two-wheeler, killing Kaveri Nakhwa, 45, and injuring her husband Pradeep. He is accused of speeding off towards the Bandra-Worli Sea Link even as Nakhwa remained on the bonnet and then got entangled in its wheels for a distance of more than 1.5 km. Shah fled from the scene and was allegedly under the influence of alcohol at the time, said police. He was nabbed two days later followed by the arrest of his father and his driver Rajrishi Bidawat. While Rajesh was later released on bail, Shah and Bidawat are in judicial custody.
