MUMBAI: The parents of Akshay Shinde, accused in the Badlapur school sexual assault case, told Bombay HC Thursday that they do not want to pursue their petition for a probe by a special investigation team (SIT) into his “fake encounter” death.

They addressed Justices Revati Mohite Dere and Neela Gokhale with folded hands in Marathi. “Amhala case ladaycha nahin (We don’t want to pursue the case),” the mother said. The father said, “Bandh kara case (Stop the case).”
Asked by the judges if they were under pressure to make these statements, they denied it. They said they cannot run around and, as their daughter-in-law delivered a child, they want to be with her. The judges, though, remarked that “so much has happened (since the hearing began)” and the case “cannot be closed like this”.
The incident took place near Mumbra bypass after 6pm on Sept 23, 2024, when Shinde, a janitor in a school, was being taken from Taloja jail to the Thane crime branch office. Police claimed that he snatched an officer’s weapon and shot at them and was gunned down in the exchange in the van.
The inquiry report by Ashok Shendge, inquiry magistrate, JMFC Court, Thane, submitted to the HC on Jan 20 held 5 policemen, including the van driver, responsible for Shinde’s death. HC had then said in view of the finding, “we want you to register an FIR”.
The magistrate’s inquiry report submitted to the Bombay High Court on Jan 20 in the Badlapur school sexual assault accused’s death held five policemen responsible for it.
To the judges’ query on Thursday why an FIR was not registered, special public prosecutor Amit Desai said an independent investigation by the state CID was still on.
He said the magistrate directly gathered and recorded materials that were not submitted by the police. “Therefore, we need the material to consider when we determine the outcome of what is to be done,” he added. He said they also want the material to be placed before a judicial commission, set up by the govt in Oct 2024 to investigate the encounter and find if any person or organisation was responsible.
Desai argued that the magistrate exceeded the scope of inquiry and indicted the policemen. He said the magistrate’s role “is limited to finding the cause of the death and not going into determining who is the offender”. Also, “in this kind of crime” the magistrate does not possess powers to investigate every aspect of the matter. “As an agency, we cannot take this (report) as binding on us… and have an independent duty to see if an offence is made out and a chargesheet is filed. If the agency is attempting to do it, it should be given time,” he said.
Desai said while dealing with encounter cases, “Supreme Court has said you have to have unimpeachable evidence”. He said there are points in the report that require further investigation.
But the judges said the commission of inquiry is parallel and the accidental death report is required to be taken to its logical end. Also, that magistrate conducted a full-fledged inquiry. “Once a prima facie finding is recorded, is the state not duty-bound to register an FIR?” asked Justice Mohite Dere. The judges also pointed out that ballistic, forensic and CDR reports and witness statements were available and asked what further investigation remains. On Nov 18, the advocate general informed all documents were given to the magistrate. “We took it you had nothing to give beyond that… Four months down the line, you still want to investigate? When do we see the light of the day? How long will the investigation go on?” asked Justice Mohite Dere.
The father’s advocate said “if their prayer is entertained, it will set a wrong example”. “There should be no special treatment given to police officers (sic),” he added. HC will pass an interim order Friday.
The judges directed the high court registry to furnish copies of the inquiry report to the policemen within a week. The policemen had referred to TOI’s Jan 21 report that cited paragraphs read out by the judges. The cops said “various allegations” are made in the inquiry report against them and they desire to challenge it before the appropriate forum.