Probe into death of Badlapur sexual assault case accused should be fair, impartial: High Court

Mumbai: The Bombay High Court on Wednesday said the probe into the killing of Badlapur sexual assault case accused Akshay Shinde in a shoot-out should be carried out in an even and impartial manner.

The shoot-out will have been refrained from if the police had tried to overpower Shinde first, the HC said, adding it became very challenging to just accept as true with that he managed to clutch a pistol from a police officer and open fire.

Why the accused became shot within the head, and now now not accessible or legs first? the court asked. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan said if it finds that the probe is now now not being done properly, then it'd be constrained to pass appropriate orders.

The bench posted the matter for further hearing on October 3, by when the police would should take a call on the complaint submitted by Shinde’s father, in search of an FIR against the cops concerned.

“The investigation must be done fairly and impartially. If we detect that it truly is now now not done, then we might be constrained to pass appropriate orders,” the court said.

The HC also directed for all case papers to be without delay handed over to the Maharashtra Crime Investigation Department (CID), which might be conducting a probe into Shinde’s death.

“Why are the files now now not handed over to the CID yet? Preservation of evidence is essential. Any delay for your part would raise doubts and speculations,” the court said.

The bench raised questions about the shoot-out and said it be miles in a position to have been refrained from if the police had tried to overpower Shinde first.

The HC also asked as to why the accused became shot within the head, in place of opening fire on his hand or legs first.

The court said while it became now now not raising any suspicion at this stage, it became very challenging to just accept as true with that Shinde managed to clutch a pistol from a police officer and open fire.

Or not it should be miles now now not very easy to free up and open fire from a pistol, it said.

The court became hearing a petition filed by the father of Akshay Shinde, who became killed in a shoot-out by the police on September 24, in search of a unique investigation team (SIT) to probe the “fake come across”.

Anna Shinde, in his plea filed through advocate Amit Katarnaware, alleged that his son became killed in a “fake come across”.

The petition sought for a SIT to be formed to probe the killing and for the high court to visual display unit the investigation.

Shinde, 24, became accused of sexually assaulting two minor girls at a college in Badlapur town of Maharashtra’s Thane district.

He became being taken to Badlapur from Taloja detention center in Navi Mumbai on Monday evening in reference to an FIR registered against him on the complaint of his former wife when the firing incident came about, which resulted in his death, police earlier said.

Akshay Shinde became killed near Mumbra bypass in Thane when he allegedly snatched the gun of a policeman while he became being ferried in a police vehicle as a component to a probe into a case, as per police.

After he shot and injured an API, every other officer from the police escort team fired at him, and he became declared dead by doctors on the Kalwa civic hospital, the police had claimed.

The govt. on Tuesday said the state CID will conduct a probe into the death of Akshay Shinde.