The Bombay High Court on Tuesday dismissed a petition filed by the husband of Kaveri Nakhwa, the 45-year-old woman who died in the July 2024 Worli hit-and-run incident, seeking the addition of murder charges against the accused and transfer of the investigation over alleged bias and negligence.
A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad observed that the court cannot compel the investigating agency to invoke new offences unless there is clear evidence of a violation by the police.
“Better withdraw this, or it might cost you. This cannot be granted. Even further investigation at your instance can’t be granted,” the bench remarked while rejecting the plea filed by Pradeep Nakhwa, husband of the deceased.
Filed through advocate Dileep Satale, Nakhwa’s petition alleged that the Mumbai Police failed to add murder charges against accused Mihir Shah, son of former Shinde Sena leader Rajesh Shah, despite strong evidence that he was aware of the fatal consequences of his actions.
“They ran over us with their car, and then dragged my wife for a long distance, eventually running the car over her and brutally killing her,” Nakhwa said, explaining why he approached the court.
The plea also cited the autopsy report, which confirmed that Kaveri died due to shock and haemorrhage from multiple abrasions, consistent with being dragged for a long distance. It argued that Shah’s actions demonstrated “deliberate and inhumane conduct,” justifying a charge of murder under Section 302 of the IPC, instead of only culpable homicide not amounting to murder.
On July 7, 2024, an inebriated Mihir Shah, along with his friend Rajrishi Bidawat, allegedly rammed his speeding BMW into the couple’s scooter at Worli Sea Face. While Pradeep was flung off the car, Kaveri was trapped between the wheel and the bumper. Shah continued driving at high speed, dragging her for over two kilometres until the car broke down.
The police have so far charged Shah with culpable homicide not amounting to murder, rash driving, and other related offences, but not with murder.
While acknowledging the gravity of the incident, the bench clarified that the judiciary cannot interfere with the investigative discretion of the police unless there is proof of mala fide intent or clear illegality.
The dismissal of the petition means the trial will proceed under the existing charges, unless the investigating agency itself decides to escalate them.
