Badlapur case: Want to challenge entire matter in sessions court, govt to HC

The Maharashtra government on Wednesday told the Bombay High Court that it wants to challenge the entire proceedings in the Thane sessions court concerning a magisterial inquiry report on the death of Badlapur sexual assault case accused.

The government also said that the sessions court has not extended its earlier order keeping in abeyance the findings of the magistrate`s inquiry report.

In the report, the magistrate had held five policemen responsible for the death of the 24-year-old Badlapur case accused.

The state had earlier this month filed a petition in HC against the sessions court order that kept in abeyance the findings of the magistrate.

Public prosecutor Hiten Venegaonkar on Wednesday told a single bench of Justice R N Laddha that the government now wants to amend its petition to challenge the validity of the entire proceedings pending before the sessions court.

The sessions court interim order was passed on applications filed by the five policemen against the magistrate`s inquiry report.

Venegaonkar said the government`s petitions had earlier only challenged the interim order passed by the sessions court.

“The sessions court has not extended its order. So now technically there is no stay. The government wants to amend its petitions to challenge the entire proceedings pending before the sessions court,” he said.

The inquiry initiated by the magistrate was an administrative process and not a judicial process and hence a revision application could not have been filed by the five policemen, Venegaonkar said.

He added that a division bench of HC is also seized of the matter concerning the case and hence it was not proper for the sessions court to hear the policemen`s application and pass order.

Justice Laddha allowed the government to amend its pleas, issued notice to the five policemen and posted the matter for further hearing on May 7.

The magistrate had in the inquiry report submitted to HC last month raised suspicion on the claims made by the five policemen that they had to shoot at the accused in self-defence after he allegedly snatched one of their guns while being escorted in a police van from Taloja prison to Kalyan.

The magistrate said the policemen were in a position to control the situation and the use of force was not justified.

The five policemen then filed an application before the sessions court in Thane against the magistrate`s inquiry report. The sessions court in an interim order kept on abeyance the findings of the report pending the final hearing of the application.

The government in its applications had said the sessions court order was ¿wrong and illegal¿ and that the judge had erred in keeping in abeyance the findings of the magistrate report.

It further said that the sessions court had failed to consider the fact that the HC was seized of the matter related to the alleged encounter of the accused.

The deceased accused was arrested in August 2024 for allegedly sexually assaulting two minor girls inside the toilet of a school in Badlapur. He was an attendant at the school.

On September 23, 2024, he was killed in an alleged police shootout while being taken from the Taloja prison for questioning.

The police claimed he snatched the gun of one of the police personnel in the police van, opened fire, and was killed in retaliatory firing.

He was shot at by senior police inspector Sanjay Shinde. Assistant Police Inspector Nilesh More, the two constables and the police driver were also present in the police van at the time of the alleged shootout.

The accused was being taken for questioning in connection with a case lodged against him by his wife.

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