Court rejects discharge pleas by Tathya Patel, his father

Principal district judge D M Vyas on Saturday rejected applications filed by Tathya Patel and his father Pragnesh Patel, seeking discharge from the Iskcon flyover accident case, in which nine persons lost their lives and 12 suffered injuries.

While Tathya asked the court to drop Section 304 of the Indian Penal Code (IPC) culpable homicide not amounting to murder his father sought discharge from the charges of criminal intimidation and abetment.

For Tathya, it was submitted that if the witnesses’ accounts are considered, the applicable charge would be Section 304A of the IPC causing death by negligence and not culpable homicide or attempted culpable homicide as he currently stands charged under Sections 304 and 308. 

Apart from pleading for the milder charges, Tathya did not seek to be discharged from the other offences.

For Pragnesh, questions were raised on the invocation of Section 114 of the IPC, by which he is accused of abetting his son in committing the crime.

It was argued that he only reached the site after the accident and took his son to hospital.

District government pleader Pravin Trivedi opposed the discharge pleas and argued that Pragnesh helped Tahya escape from the accident site and this amounts to abetment.

The court will hear the case further on October 25. tnn