Badlapur case: Court keeps in abeyance findings indicting cops for 'encounter' of accused

Mumbai: In a partial relief to five policemen indicted for the custodial death of an accused in Badlapur school sexual assault case, a sessions court has "kept in abeyance" findings of a magistrate's inquiry report questioning the legitimacy of the alleged encounter.

Additional sessions judge D R Deshpande, in the order on February 21, however, said the probe being carried out by the state Crime Investigation Department (CID) into the custodial death shall proceed as it was being done independent of the magistrate's report.

The accused, Akshay Shinde, was arrested in August 2024 for allegedly sexually assaulting two minor girls inside the toilet of a school in Badlapur area of Maharashtra's Thane district. He was an attendant at the school.

On September 23 last year, Shinde was killed in the alleged police shootout while being taken from Taloja prison in Navi Mumbai for questioning in connection with a case lodged against him by his wife.

Police claimed he snatched the gun of one of the cops in the police van, opened fire, and was killed in retaliatory firing.

He was shot at by senior police inspector Sanjay Shinde. Assistant police inspector Nilesh More, the two constables and a police driver were also present in the van at the time of the shootout.

The magistrate had in his report indicted senior PI Sanjay Shinde of the Thane Crime Branch, assistant PI Nilesh More, head constables Abhijeet More and Harish Tawade and constable Satish Khatal.

He held them responsible for the death of the accused while in custody, and raised doubts on their claims of opening fire at him in self-defence.

The report said the policemen, despite being in a position to control the situation, failed to do so and the use of such force was not justified.

It also said there was substance in the allegations made by parents of the accused that it was a fake encounter.

The court in its order said pending final hearing of the policemen's revision application, findings of the magistrate's inquiry report regarding two paragraphs "need to be kept in abeyance".

"The effect and operation of the findings of the magistrate, particularly the concluding paragraphs 81 and 82, is kept in abeyance till the next day," the court said.

Paragraph 81 questioned whether the use of force was justified and emphasised the policemen were in a position where they could have easily handled the situation.

Paragraph 82 said there were grounds of suspicion against the policemen, and the allegations made by parents of the deceased accused that it was a fake encounter find substance if forensic reports are considered.

The five policemen were escorting the accused from the Taloja prison to Kalyan for questioning and they claimed that he grabbed a pistol of one of the security personnel and opened fire. The police then shot him in retaliation.

As per law, a magisterial inquiry is initiated in cases where an accused dies in police or judicial custody.

The five police personnel earlier this month filed a revision application before the Thane sessions court against the findings made in the magistrate's inquiry report.

The policemen in their application claimed the magistrate overstepped his jurisdiction in holding them responsible for the death of the accused.

The application said the magistrate's inquiry is only to ascertain the cause of death in cases of custodial deaths and to not indict anyone.

They sought quashing of the "unwarranted" findings of the magistrate and to stay the effect and operation of the same.

Special public prosecutor Ajay Misar submitted to the court that the state CID was investigating the matter independent of the magistrate inquiry.

The magistrate's report also made certain suggestions as to how such incidents could be avoided in future.

"These five police persons were present at the time of the encounter. There are a number of grounds that raise suspicion over the alleged encounter. Therefore, these five police persons are responsible for the death," the report had said.

The sessions court said the accused's family also must be given a reasonable and elaborate opportunity to be heard or oppose the revision application.

The court, however, clarified that while it has kept the inquiry report findings in abeyance, the investigation being carried out by the CID shall continue.

It directed the police officials to implead the accused's parents as respondents in their application and issued notice to them.

The court posted the matter for further hearing on March 5.