The Bombay High Court was urged to recognize a serious lapse in the Badlapur encounter case, as the Amicus Curiae insisted that police should have immediately filed a First Information Report (FIR) following the custodial death of sexual assault accused Akshay Shinde.
Shinde, a school attendant, had been arrested in August 2024 for allegedly assaulting two kindergarten students. On September 23, while being transported from Taloja prison to Kalyan, he was reportedly shot dead in an encounter with police officers. Authorities claimed he attempted to seize a firearm and opened fire before being killed in retaliation. However, a magistrate’s inquiry determined that his death was unwarranted and implicated five police officers in the incident.
Senior legal expert Manjula Rao argued before the court that a preliminary inquiry before filing an FIR was unnecessary, given that a cognizable offense had occurred. She pointed out that an Accidental Death Report (ADR) had been registered the following day, and Shinde’s parents had formally complained to top law enforcement officials. Despite this, the State CID had not acted on the matter by lodging an FIR.
Rao emphasized that law enforcement had no discretion in such cases—once a cognizable offense is apparent, an FIR must be filed, regardless of whether the information is verified. She added that filing an FIR does not automatically mean arrests must follow but ensures a legal investigation is initiated.
State representatives previously argued that an independent CID probe was ongoing and that an FIR was unnecessary at this stage. However, Rao countered that even if the case was under investigation, police had a legal duty to formally acknowledge the offense by filing an FIR.
The Bombay High Court is set to continue hearing the case.
