The Bombay High Court emphasized on Wednesday that the investigation into the fatal shooting of Akshay Shinde, who was accused in the Badlapur sexual assault case, must be conducted fairly and impartially.
The court noted that the shoot-out might have been preventable had the police attempted to subdue Shinde before resorting to lethal force. It expressed skepticism regarding the assertion that Shinde was able to wrest a firearm from a police officer and discharge it.
The court questioned why the accused was shot in the head instead of being targeted in the hands or legs. A division bench comprising Justices Revati Mohite Dere and Prithviraj Chavan stated that if they find the investigation to be inadequate, they may be compelled to issue appropriate orders. The bench has scheduled the next hearing for October 3, by which time the police must decide on the complaint submitted by Shinde's father, who is seeking to file an FIR against the involved police officers.
"The investigation has to be done fairly and impartially. If we find that this is not done, then we would be constrained to pass appropriate orders," the court said.
The High Court also ordered that all case documents be promptly transferred to the Maharashtra Crime Investigation Department (CID), which will be responsible for conducting the investigation into Shinde's death.
"Why are the files not handed over to the CID yet? Preservation of evidence is vital. Any delay on your part would raise doubts and speculations," the court said.
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