Bombay High Court calls for FIR after five cops found responsible for encounter of Badlapur accused

The Bombay High Court on Monday suggested that a criminal case should be registered against five police officers, after a magisterial inquiry found that they need not have killed Badlapur sexual assault accused Akshay Shinde in an encounter. .The officers who were found responsible are: Sanjay Ramchndra Shinde (Senior Police Inspector), Nilesh Anant More (Assistant Police Inspector), Abhijeet Adinath More (Head Constable) Harish Vasant Tawade (Head Constable and Satish Ramnath Khatal (Police Inspector).These five Thane police officers were present with Shinde when he was shot down in September last year. They claimed that Shinde snatched a gun from a constable and injured him, forcing another constable to shoot him down. .A report submitted by a Thane Magistrate to the Bombay High Court, however, indicates that the incident occurred in a moving vehicle and that the police could have 'easily handled the situation' without resorting to force. It was filed in a sealed cover and submitted before the Bench of Justices Revati Mohite Dere and Neela Kedar Gokhale.The report noted that Shinde's fingerprints were not found on the weapon, and no gunshot residue was detected. It stated, "In such circumstances, it clearly shows that the use of force was not justified, and the contention raised by the police personnel of right of private defence comes under the shadow of suspicion."Additionally, the report supports allegations made by Shinde's parents that this may have been a false encounter.."The allegation made by parent of deceased found substance if considered FSL reports. These five police persons were present at the time of encounter. There are number of grounds as narrated above raise suspicion of alleged encounter. Therefore, these five police persons are responsible for the death," the report read. .The Bench today urged that a First Information Report (FIR) be filed based on these findings.Public Prosecutor Hiten Venegaonkar assured the Court that necessary actions would be taken following the inquiry report as per protocol, including sending the report to the State Human Rights Commission.Subsequently, the Court directed the Registry that a copy of the report be given to both the State as well as Shinde's father, who had moved a petition for a probe into his son's death..In addition to the findings, the magistrate also offered suggestions to prevent such incidents in the future. He recommended that video recordings be made using dash cameras whenever a person is transported in custody from one place to another. The responsibility for ensuring the recording begins should lie with the driver of the vehicle, who must verify that the recording has started, it was suggested.Additionally, the senior-most officer accompanying the vehicle should be accountable for ensuring that the camera is functioning properly. If the dash camera is not working, both the driver and the officer should immediately inform their superior and request an alternative vehicle, the report states..Shinde was shot during an encounter with Thane Police last year, after being arrested on allegations that he sexually abused two kindergarten girls at a school in Badlapur in August.Following his arrest, he was placed in judicial custody. On September 23, 2024 he was taken from Taloja Jail for questioning related to another sexual abuse case filed by his wife. During transport to Thane, he allegedly grabbed a gun from a constable and injured him before being shot dead by another officer in the vehicle.The investigation into this case has now been transferred to the Criminal Investigation Department (CID)..Bombay High Court orders speedy probe into killing of Badlapur sexual assault accused.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.