A magistrate's inquiry has held five policemen responsible for the custodial death of Akshay Shinde, accused in the Badlapur school sexual assault case.

The magistrate on Monday tendered its inquiry report in a sealed cover to the Bombay High Court, which was hearing a plea filed by Shinde's father, Anna Shinde, claiming the police had killed his son in a fake encounter.

The officials involved included senior police inspector Sanjay Shinde of the Thane crime branch, assistant police inspector Nilesh More, head constables Abhijeet More and Harish Tawade and a police driver.

A division bench of Justices Revati Mohite Dere and Neela Gokhale perused the report and said the government was bound to register a case based on the inquiry and sought to know which probe agency would investigate the case.

"The magistrate has conducted an inquiry and submitted its report. In the report, the magistrate has concluded that the five cops are responsible for the death of accused Akshay Shinde," the court said.

The bench noted that as per law, a first information report (FIR) should be registered against the five policemen, and an investigation must be carried out.

"You (government) are bound to file an FIR based on this magistrate report. Tell us which agency will investigate the matter," the court said.

The bench directed for a copy of the inquiry report to be furnished to the prosecution and Anna Shinde.

"We shall keep the original report and all documents and witness statements annexed to it with us for now. The prosecution might need it later when it probes the case," it said.

The court asked public prosecutor Hiten Venegaonkar to inform the bench in two weeks on which probe agency would investigate the case.

Akshay Shinde (24) 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, Shinde was killed in an alleged police shootout while being taken from the Taloja prison for questioning.

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

Senior police inspector Sanjay Shinde shot Akshay, while API Nilesh More, two constables and a police driver were present in the van at the time of the shootout.

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

Under the law, a magistrate inquiry is initiated in cases where an accused dies in police custody.

The high court had also taken a suo moto (on its own) cognisance of the sexual assault case and ordered for an expert committee to be set up to address the safety concerns of students in schools and other educational institutions.

Public prosecutor Venegaonkar on Monday submitted to the bench the state education department's affidavit on the steps it has taken post the incident.

Venegaonkar said the committee report shall be ready by January 31.