Mumbai: Four of the five policemen held responsible by a magistrate for the death of Badlapur school sexual assault accused Akshay Shinde have moved Bombay High Court seeking a copy of the report to challenge it. Intervention applications were filed by API Nilesh More, SPI Sanjay Shinde, and head constables Abhijeet More and Harish Tawade in a pending petition by Anna Shinde to direct an investigation into his son’s ‘murder’ and for an FIR against the policemen responsible. The incident took place near Mumbra bypass after 6 pm on Sept 23 last year, while the accused was being taken from Taloja jail to the Thane crime branch by the police. The HC expedited the magistrate’s inquiry.
The four policemen stated that although the father alleged that they “intentionally” murdered his son in a fake encounter, they were not made respondents. Further, they said, various allegations are made in the inquiry report of the magistrate, Thane JMFC court, submitted to the HC on Jan 20 in a sealed envelope. They referred to TOI’s Jan 21 report that cited paragraphs read by the judges. The magistrate’s report said from the scene recreation video, it appeared that four policemen “were definitely in a position to control the situation, avoiding the death of the deceased.” Also, “use of force was not justified” as there was “no fingerprint of the accused on the pistol” and “no gunshot residues were found on handwash, handcuff, and clothes of the deceased.” The magistrate found “substance in the parents’ allegation that the son was killed in a false encounter” considering forensic science laboratory reports. He said the five, including driver constable Satish Khatal, “were present at the time of the encounter.”
The four policemen “desire to challenge the inquiry report before the appropriate forum.” “Any adverse orders which are passed ex-parte, without hearing the applicant would cause great loss to his reputation in society…,” SPI Shinde and More’s applications stated.
Senior advocate Ashok Mundargi, representing SPI Shinde, on Monday told a bench of Justices Revati Mohite Dere and Neela Gokhale that “the intervention application is for a limited purpose to obtain a copy of the magistrate’s report.”
Prosecutor Prajakta Shinde informed that the report has been placed before the state CID chief. The judges posted the hearing for Thursday to know what the state intends to do regarding the registration of an FIR based on the report. “Tell us what decision has been taken,” said Justice Mohite Dere.
Mumbai: Four of the five policemen held responsible by a magistrate for the death of Badlapur school sexual assault accused Akshay Shinde have moved Bombay High Court seeking a copy of the report to challenge it. Intervention applications were filed by API Nilesh More, SPI Sanjay Shinde, and head constables Abhijeet More and Harish Tawade in a pending petition by Anna Shinde to direct an investigation into his son’s ‘murder’ and for an FIR against the policemen responsible. The incident took place near Mumbra bypass after 6 pm on Sept 23 last year, while the accused was being taken from Taloja jail to the Thane crime branch by the police. The HC expedited the magistrate’s inquiry.
The four policemen stated that although the father alleged that they “intentionally” murdered his son in a fake encounter, they were not made respondents. Further, they said, various allegations are made in the inquiry report of the magistrate, Thane JMFC court, submitted to the HC on Jan 20 in a sealed envelope. They referred to TOI’s Jan 21 report that cited paragraphs read by the judges. The magistrate’s report said from the scene recreation video, it appeared that four policemen “were definitely in a position to control the situation, avoiding the death of the deceased.” Also, “use of force was not justified” as there was “no fingerprint of the accused on the pistol” and “no gunshot residues were found on handwash, handcuff, and clothes of the deceased.” The magistrate found “substance in the parents’ allegation that the son was killed in a false encounter” considering forensic science laboratory reports. He said the five, including driver constable Satish Khatal, “were present at the time of the encounter.”
The four policemen “desire to challenge the inquiry report before the appropriate forum.” “Any adverse orders which are passed ex-parte, without hearing the applicant would cause great loss to his reputation in society…,” SPI Shinde and More’s applications stated.
Senior advocate Ashok Mundargi, representing SPI Shinde, on Monday told a bench of Justices Revati Mohite Dere and Neela Gokhale that “the intervention application is for a limited purpose to obtain a copy of the magistrate’s report.”
Prosecutor Prajakta Shinde informed that the report has been placed before the state CID chief. The judges posted the hearing for Thursday to know what the state intends to do regarding the registration of an FIR based on the report. “Tell us what decision has been taken,” said Justice Mohite Dere.
