Why no FIR when magistrate report indicted 5 cops for Badlapur case accused's death? HC

The Bombay High Court has asked why a First Information Report (FIR) could not be lodged once it came to fore that five policemen were responsible for the death of an accused in Badlapur sexual assault case.

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MUMBAI:

The Maharashtra government, on the other side, asserted it was already investigating the incident as an accidental death case.

A division bench of Justices Revati Mohite Dere and Neela Gokhale on Thursday reserved its order on the issue of whether an FIR ought to be lodged by the government, pursuant to an inquiry report submitted by a magistrate holding five policemen responsible for the death of the accused while in custody.

Senior counsel Amit Desai, appearing for the government, said the state is already carrying out an independent investigation, and that the government has also set up a commission under a retired Chief Justice of the Allahabad High Court for a probe into the incident.