Mumbai Court Pauses Magistrate's Report on Custodial Death of Badlapur Case Accused, CID Probe to Continue

Mumbai, Feb 26: In a partial relief to five policemen indicted for the custodial death of an accused in the Badlapur school sexual assault case, a sessions court has put on hold the findings of a magistrate's inquiry that questioned the legitimacy of the alleged police encounter.

Additional Sessions Judge D R Deshpande, in an order dated February 21, stated that while the findings of the magistrate’s report are kept in abeyance, the ongoing investigation by the state Crime Investigation Department (CID) will proceed independently.

Background of the Case​

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

On September 23, 2024, while being transported from Taloja prison to Kalyan for questioning in a separate case filed by his wife, Shinde was shot dead in what police described as a retaliatory firing. Officers claimed he had snatched a firearm from one of the policemen in the van and opened fire, prompting the police to shoot him in response.

Senior Police Inspector Sanjay Shinde of the Thane Crime Branch, Assistant Police Inspector Nilesh More, head constables Abhijeet More and Harish Tawade, and constable Satish Khatal were present during the incident.

Magistrate’s Inquiry Report and Court's Decision​

The magistrate’s report held the five policemen accountable for Shinde’s death, raising doubts about their claim that they acted in self-defense. The report emphasized that the officers had the capacity to control the situation without using lethal force. It also stated that forensic evidence lent credibility to allegations by Shinde’s parents that the encounter was staged.

However, the sessions court has temporarily stayed the impact of the report’s concluding paragraphs (81 and 82) until the next hearing. These sections specifically questioned the justification of the force used and pointed out suspicions regarding the authenticity of the encounter.

Despite the partial relief to the accused officers, the court clarified that the CID investigation will continue independently.

Revision Petition by Police Officers​

Earlier this month, the five policemen filed a revision application challenging the magistrate's report, arguing that the magistrate had exceeded his jurisdiction. Their plea stated that such an inquiry should only determine the cause of death and not assign blame.

The court has directed the police officials to include the deceased’s parents as respondents in their application and has issued a notice to them. The next hearing is scheduled for March 5.

While keeping the inquiry report findings on hold, the court emphasized that the accused's family must be given a fair opportunity to contest the revision application.

Ongoing Investigation​

Special Public Prosecutor Ajay Misar informed the court that the state CID’s probe is independent of the magistrate’s findings. The sessions court’s order ensures that while the judicial review of the magistrate’s report continues, the CID will carry on with its investigation into the custodial death.

The case continues to raise questions about police encounters and custodial deaths, with both the judiciary and investigative agencies closely scrutinizing the incident.