Badlapur encounter: Bombay HC questions govt. for not filing FIR against accused cops

Bombay High Court questions Maharashtra government on failure to register FIR against police officers in custodial death case.

The Bombay High Court on Thursday asked the Maharashtra government its reasons for not registering a First Information Report (FIR) against the five police officers responsible for the death of Akshay Shinde, accused in Badlapur sexual assault case. The magistrate inquiry report submitted before the Bombay High Court on January 20, 2024, found that five police officers are responsible for the custodial death of Akshay Shinde.  

A Division Bench of Justices Revati Mohite Dere and Neela Gokhale reserved its order on whether an FIR is ought to be registered by the State government.  

“We are concerned about the registration of FIR. Where is that? Is the ADR (accidental death report) an FIR? We understand that initially ADR is lodged, but when subsequently it comes to fore that it was not an accidental or natural death but a homicidal death, shouldn’t a FIR be lodged?” the Bench asked adding that is the CID proposes to do once its investigation is completed. 

Representing the Maharashtra government, Senior advocate Amit Desai, submitted to the court that State government is already carrying out an independent investigation in the case. Mr. Desai asserted that the government has also set up a commission under a retired Chief Justice of the Allahabad High Court for a probe into the incident. After the incident, an accidental death report was lodged and the State Crime Investigation Department (CID) was conducting its investigation into Akshay Shinde’s custodial death, he said. 

“Once the investigation is over, the CID will file its final report as per provisions of the Criminal Procedure Code. It could either be a closure report or a prosecution report (chargesheet),” Mr. Desai said.  

The Amicus Curiae, appointed to assist the court, senior advocate, Manjula Rao, said that the FIR should have been lodged by the police immediately after the custodial death came to light.  

Accused Akshay Shinde (24) was arrested on the charges of sexually assaulting two kindergarten girls inside the toilet of a school in Badlapur town of Thane district in Maharashtra. He was the school attendant. He died in an alleged encounter while being taken in a van from Taloja prison to Thane for questioning.