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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, DR. NEELA GOKHALE, JJ
Anna Maruti Shinde – Appellant
Versus
State Of Maharashtra – Respondent
ORDER :
(Per Revati Mohite Dere, J.) :
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 Sections 65(2), 74, 75 , 76 of the Bharatiya Nyaya Sanhita (` BNS ’) along with Sections 4(2) , 8 and 10 of the Protection of Children From Sexual Offences Act, 2012 (‘POCSO’) Act. Akshay Shinde was arrested on 17th August 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 Sections 65(2), 74, 75 , 76 of the BNS along with Sections 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 7th September 2024. Later, another C.R., being C.R. No.409/2024 was regis
The police are mandated to register an FIR upon receiving information disclosing a cognizable offence, irrespective of the credibility of the information.
The police are mandated to register an FIR when information discloses a cognizable offense, without questioning the reliability of the information at that stage.
The court emphasized the necessity for independent investigations and adherence to procedural safeguards in police encounter cases, ensuring that the right to life is protected under Article 21 of th....
The court mandates an independent investigation in police encounter cases, emphasizing the need for thorough judicial oversight to uphold accountability and protect citizens' rights.
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
Cognizance of an offence under Section 188 IPC requires a written complaint by a public servant; FIRs based solely on police reports are prohibited and rendered void.
Police encounters resulting in grievous injury necessitate strict adherence to established procedural guidelines to uphold accountability and protect constitutional rights.
The court upheld lower courts' discretion in denying FIR registration, ruling that the petitioner had sufficient evidence and means to substantiate his claims without police assistance.
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