Earlier, during the hearing, the Delhi Police informed the court that they have chosen to withdraw the more serious charge of culpable homicide not amounting to murder against the SUV driver involved in the coaching centre death case.
The investigating officer (IO) communicated this decision to Additional Sessions Judge Rakesh Kumar of Tis Hazari court, who was presiding over the appeal against the denial of bail to the SUV driver, Manuj Kathuria, by a magisterial court.
According to the IO, “During the further investigation, as carried out in the proceedings 48 hours, it has transpired that the ingredients of the Bharatiya Nyaya Sanhita (BNS) section 105 (culpable homicide not amounting to murder) is, at this stage, not being sufficiently established.”
Kathuria was accused of driving his Force Gurkha car through a street that was inundated with rainwater, causing the water level to rise and breach the gates of the three-storey building housing the coaching centre, ultimately flooding the basement.
The police have filed an FIR under various sections of the BNS, including section 105 (culpable homicide), 106(1) (death of any person by doing any rash or negligent act not amounting to culpable homicide), 115(2) (punishment for voluntarily causing hurt), and 290 (negligent conduct with respect to pulling down, repairing or constructing buildings).
‘Have they lost it?’: Delhi HC on arrest of SUV driver
Earlier on Wednesday, the Delhi High Court pulled up Delhi Police for its “strange probe” against an SUV driver arrested for his alleged role in the drowning of three IAS aspirants at a coaching centre.
“What is Delhi Police doing? Have they lost it? What are its officials who are monitoring the probe doing? This is a cover up or what?” the court said.
The bench said the police have arrested a bystander or some person who was driving the car over there. It asked whether some official (of MCD) has been held accountable for the incident till now.
“We are telling you, once the responsibility is fixed on officials, no such incident will ever happen in future,” the bench said.
A magisterial court, however, dismissed his bail plea later in the day as the Delhi Police, who termed him to be a “masti-khor” (fun lover), vehemently opposed his bail plea.