Badlapur encounter: Bombay HC questions govt. for not submitting FIR towards accused cops


An outer view of Bombay Excessive Court docket in Mumbai.
| Picture Credit score: The Hindu

The Bombay Excessive Court docket on Thursday requested the Maharashtra authorities its causes for not registering a First Data Report (FIR) towards the 5 cops answerable for the dying of Akshay Shinde, accused in Badlapur sexual assault case. The Justice of the Peace inquiry report submitted earlier than the Bombay Excessive Court docket on January 20, 2024, discovered that 5 cops are answerable for the custodial dying of Akshay Shinde.  

A Division Bench of Justices Revati Mohite Dere and Neela Gokhale reserved its order on whether or not an FIR is must be registered by the State authorities.  

“We’re involved in regards to the registration of FIR. The place is that? Is the ADR (unintentional dying report) an FIR? We perceive that originally ADR is lodged, however when subsequently it involves fore that it was not an unintentional or pure dying however a homicidal dying, shouldn’t a FIR be lodged?” the Bench requested including that’s the CID proposes to do as soon as its investigation is accomplished. 

Representing the Maharashtra authorities, Senior advocate Amit Desai, submitted to the courtroom that State authorities is already finishing up an impartial investigation within the case. Mr. Desai asserted that the federal government has additionally arrange a fee underneath a retired Chief Justice of the Allahabad Excessive Court docket for a probe into the incident. After the incident, an unintentional dying report was lodged and the State Crime Investigation Division (CID) was conducting its investigation into Akshay Shinde’s custodial dying, he mentioned. 

“As soon as the investigation is over, the CID will file its closing report as per provisions of the Prison Process Code. It might both be a closure report or a prosecution report (chargesheet),” Mr. Desai mentioned.  

The Amicus Curiae, appointed to help the courtroom, senior advocate, Manjula Rao, mentioned that the FIR ought to have been lodged by the police instantly after the custodial dying got here to gentle.  

Accused Akshay Shinde (24) was arrested on the fees of sexually assaulting two kindergarten ladies inside the bathroom of a faculty in Badlapur city of Thane district in Maharashtra. He was the varsity attendant. He died in an alleged encounter whereas being taken in a van from Taloja jail to Thane for questioning.  

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