ANNA MARUTI SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The genesis giving rise to the present petition was an alleged case of sexual abuse of two, four-year-old girls at a prominent co-educational school in Badlapur, Thane in September 2024. The petitioner's son, now deceased-Akshay Shinde was accused of the aforesaid offence and a crime bearing C.R. No.380/2024 was registered against him with the Badlapur (East) Police Station, Thane, alleging offences punishable under Ss. 65(2), 74, 75, 76 of the Bharatiya Nyaya Sanhita ('BNS') along with Ss. 4(2), 8 and 10 of the Protection of Children From Sexual Offences Act, 2012 ('POCSO') Act. Akshay Shinde was arrested on 17/8/2024 and was in judicial custody in Taloja Central Jail in the said C.R. C.R. No.391/2024 was also registered against him under Ss. 65(2), 74, 75, 76 of the BNS along with Ss. 4(2), 8, 10 and 21(2) of the POCSO Act. Thus, two separate C.Rs.were registered against Akshay Shinde for the two incidents that took place in the school. Both, the said CRs.were transferred from Badlapur (East) Police Station to the Crime Branch, Thane on 7/9/2024. Later, another C.R., being C.R. No.409/2024 was registered against Akshay Shinde, with the Boisar Police Station at the instance of his wife, for the alleged offences punishable under Ss. 377, 324, 323 and 504 of the Indian Penal Code ('IPC'). The same was initially registered as Zero FIR on 5/9/2024 and later was transferred to Badlapur Police Station on 7/9/2024. The said C.R. was transferred to the Crime Branch, Thane on 7/9/2024 itself.

(2.) On 20/9/2024, the Crime Branch, Thane applied to the jurisdictional Magistrate and sought a production warrant of Mr. Akshay Shinde. The Magistrate issued an order on the same date, which warrant was produced before the Special Court, (POCSO), Kalyan where the Special Judge permitted the Crime Branch, Thane to take Akshay's custody from Taloja Jail. Pursuant to this order, on 23/9/2024, the officials from the Crime Branch took Akshay in custody from Taloja Jail after completing necessary formalities and at about 5:30 p.m. left the jail premises in a vehicle with a police inspector sitting next to the driver and one API and two Hawaldars in the rear of the vehicle. There was an incident of firing in the police van, during which altercation, Akshay lost his life and one officer sustained a bullet injury in his thigh. It is this incident which is alleged by the petitioner to be a fake encounter by the police.

(3.) The petitioner addressed a complaint to the Commissioner of Police ('CP'), Kalwa, Thane and to the Deputy General of Police ('DGP') of the Maharashtra State via e-mail dtd. 24/9/2024 requesting the police to investigate in the incident leading to death of his son, Akshay. Aggrieved by the inaction of the Police in registering an FIR; conducting proper investigation; preservation of the CCTV footage of Taloja Jail, etc., the petitioner has filed the present petition, essentially seeking a direction to the police to register an FIR and conduct investigation through a Special Investigating Team ('SIT'), amongst other reliefs.