4 min readVadodaraUpdated: Dec 4, 2025 12:47 PM IST
The HC judgment states that observations made in the judgment are "purely with regard to framing of charges”. The trial in the case commenced on December 1.
STATING THAT the July 2023 hit-and-run case of ISKCON flyover involving Tathya Patel, in which nine persons died, “cannot be said to be a pure and simple case of rash and negligent driving”, the Gujarat High Court (HC) on Wednesday rejected his plea seeking discharge from the offences of culpable homicide not amounting to murder.
The HC, however, discharged Patel’s father, Pragnesh Patel, from sections of rash and negligent driving as well as culpable homicide not amounting to murder, partly allowing his plea. The HC was hearing a plea moved by Tathya Patel and his father, Pragnesh, in 2023, after their discharge petitions were rejected by the Ahmedabad rural court. The HC order comes close to a month after the Supreme Court directed the trial court in Ahmedabad to frame charges in the case, while the petition was pending before the HC.
Tathya Patel had sought discharge from sections 304 (culpable homicide not amounting to murder) and 308 (attempting culpable homicide not amounting to murder) of the IPC. The father and son were booked by the Ahmedabad City police in an FIR registered at the SG Highway-02 Traffic Police Station for offences under IPC as well as the Motor Vehicle Act. The case was filed after a luxury car, which the court order notes that Tathya Patel was driving at above 130kmph as per records of the manufacturer, Jaguar, had crushed nine persons to death on July 20, 2023.
The prosecution’s case is that Pragnesh Patel, after coming to know of his son’s involvement in the accident, allegedly went to the spot and “threatened to kill” the eyewitnesses gathered at the spot and ‘aided’ his son’s “escape” from the accident spot. After their arrest, the police had filed a 1,684-page chargesheet against Tathya Patel and his father Pragnesh Patel under sections 279, 337, 338, 304, 504, 506(2), 308, 114, 118 of the IPC and sections 177, 189, and 134 of the Motor Vehicles Act.
The oral judgment pronounced by Justice PM Raval of the Gujarat High Court on Wednesday said, “On careful evaluation of the material and documents on record… It cannot be said that this is a pure and simple case of rash and negligent driving attracting provisions of Section 304A (rash and negligent driving) of the IPC. From the bare reading of the papers of the charge-sheet, a strong prima facie case of Section 304 Part 2 (culpable homicide amounting to murder) is made out… no case is made out for discharging (Tathya Patel) for the offence punishable under Section 304 and 308 of IPC.”
Senior Advocate I H Syed, who is representing Tathya Patel, had submitted that the trial court has materially erred in not considering the fact that the Tathya was not driving in an inebriated condition or under influence of any kind of intoxication, while contending that the prosecution’s case could “at best” only fall under the category of rash, reckless and negligent driving and not under the sections of culpable homicide not amounting to murder. Saiyed also submitted to the court that after the incident, Tathya Patel was “severely beaten by the mob, which had gathered around the place” and thus, when his father, Pragnesh, arrived at the spot, “they were left with no other option but to leave from the place of occurrence on account of mob fury.”
The court turned down the contention that the accident was caused due to the fact that police persons and people had gathered over the Iskcon bridge owing to a previous accident that had occurred between a Mahindra Thar and a dumper. The court order states, “…it cannot be stated that (Tathya) had a hope and was under the belief that he had taken sufficient precaution to prevent the happening. This imputability arises from persisting in excessive speed despite being asked to drive slowly… if the car is driven at high and excessive speed and in a manner and despite having knowledge that this would lead to death was driven in such a manner which resulted into the death of nine persons.”
Story continues below this ad
Pragnesh Patel will now be tried for criminal intimidation, intentional insults to provoke breach of peace, abetment of crime and concealing design to commit offence punishable with death or life imprisonment.
The HC judgment states that observations made in the judgment are “purely with regard to framing of charges”. The trial in the case commenced on December 1.
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
