Mumbai: The Bombay High Court is asking why a police report (FIR) wasn’t filed after finding that five police officers were responsible for the death of a man involved in a Badlapur sexual assault case. The Maharashtra government stated they are already looking into the incident as an accidental death.
A group of judges, Justice Revati Mohite Dere and Justice Neela Gokhale, held a meeting on Thursday to discuss if an FIR should be filed after a report from a magistrate blamed the five officers for the man’s death while he was in custody.
The man, Akshay Shinde, was accused of sexually assaulting two young girls in a school where he worked. He was arrested in August 2024 and died during what police called a shootout. This happened on September 23, 2024, while he was being taken from Taloja prison for questioning.
Police say he grabbed an officer’s gun and shot at them, which led to them firing back. A legal inquiry was conducted because of Shinde’s death in police custody. The magistrate’s report suggested that Shinde’s father’s claims of a fake encounter might be true, putting doubt on the officers’ self-defense claims.
Senior lawyer Amit Desai, representing the state, explained that they have already opened an accidental death report and the Crime Investigation Department (CID) is looking into Shinde’s death.
The judges questioned if an investigation can only be based on an accidental death report. They argued that if it becomes clear that the death was not accidental but was caused by someone, an FIR should be filed.
Desai responded that after the CID finishes its work, they will submit a final report that might either close the case or push for charges against someone.
Another lawyer appointed by the court emphasized that since the magistrate said it was an unnatural death, an FIR should be registered.
The police claim that Shinde took a gun during transport and opened fire, leading to him being shot by senior inspector Sanjay Shinde along with other officers present. He was being questioned in connection with a case his wife filed against him.
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