Maharashtra Government Challenges Court's Decision on Badlapur Sexual Assault Case, Remains Ambiguous on FIR Against Policemen

Mumbai, March 6, 2025 – The Maharashtra government has approached the Bombay High Court to challenge a ruling made by the Thane Sessions Court, which had placed “in abeyance” the findings of a magistrate’s inquiry report implicating five police officers in the controversial death of an accused in the Badlapur sexual assault case.

The report, prepared by a magistrate on January 17, raised serious doubts regarding the legitimacy of the police’s claim that the accused, Shinde, had tried to snatch a firearm from the officers while being escorted, leading to his death in a police encounter. The magistrate’s findings suggested that the situation could have been controlled without the use of force, particularly noting that the policemen, including two inspectors, were in a position to restrain Shinde without resorting to violence.

During a hearing before the Bombay High Court, Public Prosecutor Hiteen Venegaonkar confirmed that the government had filed an appeal against the Thane Sessions Court's February 21 order, which had questioned the authenticity of the magistrate’s inquiry. However, when pressed by the court on whether an FIR would be filed against the officers involved, the State remained non-committal. Senior counsel Amit Desai, representing the government, stated that an independent investigation by the State Criminal Investigation Department (CID) and an inquiry committee headed by retired Allahabad High Court Judge DB Bhosale were underway. He emphasized that the outcome of these ongoing probes would dictate whether an FIR would be filed or not.

"The investigation is ongoing, and based on its outcome, we will decide whether an FIR is necessary or whether a closure report needs to be filed," Desai remarked. He further clarified that the magistrate's report alone could not be considered sufficient grounds for lodging an FIR.

The court, however, continued to press the government on the matter. Justice Revati Mohite-Dere and Justice Neela Gokhale pointedly asked whether the State intended to file an FIR. Desai reiterated that the CID's independent probe needed to conclude before the state could take any further action.

Last week, the Bombay High Court appointed senior advocate Manjula Rao as amicus curiae to assist the court in determining whether the State was obligated to register an FIR based on the magistrate’s inquiry report. Rao’s involvement comes after the parents of the deceased, Shinde, expressed that they did not wish to pursue the case further. Despite this, the court is determined to examine the question of whether an FIR should be filed.

Shinde, who had been arrested in connection with the alleged sexual assault of minor girls at a local school in Badlapur, was taken into police custody from judicial remand on September 23 for a second FIR filed by his wife. During transit, he sustained fatal gunshot injuries, and his death raised suspicions of a potential fake encounter.

In the wake of the inquiry report, the State’s application to challenge the Thane Sessions Court’s order will be heard in two weeks, with Justice RN Laddha set to take up the matter. The government has argued that the sessions court’s order was “incorrect, illegal, and contrary to the facts and circumstances” of the case, especially as the High Court had already taken cognizance of the alleged encounter.

As the legal process continues, the case remains under intense scrutiny, with the issue of police accountability and the legitimacy of the encounter remaining central to the debate. The Bombay High Court is expected to hear further arguments on March 10.