The Bombay High Court on Wednesday said the probe into the killing of Badlapur sexual assault case accused Akshay Shinde in a shoot-out should be carried out in a fair and impartial manner.

The shoot-out could have been avoided if the police had tried to overpower Shinde first, the HC said, adding it was very hard to believe that he managed to seize a pistol from a police officer and open fire.

Why the accused was shot in the head, and not on hand or legs first? the court asked.

A division bench of Justices Revati Mohite Dere and Prithviraj Chavan said if it finds that the probe is not being done properly, then it would be constrained to pass appropriate orders.

The bench posted the matter for further hearing on October 3, by when the police would have to take a decision on the complaint submitted by Shinde's father, seeking an FIR against the police officers concerned.

"The investigation has to be done fairly and impartially. If we find that this is not done, then we would be constrained to pass appropriate orders," the court said.

The HC also directed for all case papers to be immediately handed over to the Maharashtra Crime Investigation Department (CID), which would be conducting a probe into Shinde's death.

"Why are the files not handed over to the CID yet? Preservation of evidence is vital. Any delay on your part would raise doubts and speculations," the court said.

The bench raised questions on the shoot-out and said it could have been avoided if the police had tried to overpower Shinde first.

The HC also asked as to why the accused was shot in the head, instead of opening fire on his hand or legs first.

The court said while it was not raising any suspicion at this stage, it was very hard to believe that Shinde managed to seize a pistol from a police officer and open fire.

It is not very easy to unlock and open fire from a pistol, it said.

The court was hearing a petition filed by the father of Akshay Shinde, who was killed in a shoot-out by the police on September 24, seeking a special investigation team (SIT) to probe the "fake encounter".

Anna Shinde, in his plea filed through advocate Amit Katarnaware, alleged that his son was killed in a "fake encounter".

The petition sought for a SIT to be formed to probe the killing and for the high court to monitor the investigation.

Shinde, 24, was accused of sexually assaulting two minor girls at a school in Badlapur town of Maharashtra's Thane district.

He was being taken to Badlapur from Taloja jail in Navi Mumbai on Monday evening in connection with an FIR registered against him on the complaint of his former wife when the firing incident took place, which resulted in his death, police earlier said.

Akshay Shinde was killed near Mumbra bypass in Thane when he allegedly snatched the gun of a policeman while he was being ferried in a police vehicle as part of a probe into a case, as per police.

After he shot and injured an API, another officer from the police escort team fired at him, and he was declared dead by doctors at the Kalwa civic hospital, the police had claimed.

The government on Tuesday said the state CID will conduct a probe into the death of Akshay Shinde.