Delhi Court Orders Action Against Cops For Filing False Report Against Accused, Supervisory Lapse In Bullet Firing Case

A Delhi Court has ordered against the Delhi Police officials for supervisory lapse and filing a false report against a man accused of firing bullet shot outside the house of the complainant. Additional Chief Judicial Magistrate Tushar Gupta of Karkardooma Courts denied bail to the accused- Mustakeem but issued notice to the Joint Commissioner of Police to take appropriate action against the IO for filing a false report and not investigating the case properly. “Action be also taken on the SHO and ACP concerned for the supervisory lapse on their part,” the judge added. It was the accused's case that the incident took place near a burial ground where a fight allegedly broke out between two parties- complainant and accused and his family members.The accused Mustakeem and his family claimed that they were arranging the burial of their mother when 6 to 7 armed assailants attacked them and caused injuries.Mustakeem's father then lodged a written complaint about the assault. However, the accused claimed that police allegedly registered a false FIR against him and arrested him.On the other hand, the Delhi Police took the stand that the accused had fired a bullet outside the complainant's house and was seen in CCTV footage running with a “desi katta”. It was accused's case that the weapon was planted at the police station, and that accused Mustakeem went to the police station voluntarily, after which he was arrested.The judge noted that the IO had submitted that the accused was arrested by him on an information received from the secret informer, but the CCTV footage of the police station showed that Mustakeem himself had gone there, a fact which was also confirmed by the cop in question. “Thus, it can be very well said that the IO has filed a false report in this matter to mislead the court. Further, from the photographs placed on record, it can be seen that the father of the accused has received grievous injuries on his head which are alleged to be caused by the complainant,” the Court said. It added that despite the father of the accused being badly injured by the complainant and the other assailants, appropriate sections were not added by the police in the FIR lodged by him. “Perusal of the original complaint of the father of the accused and the FIR no. 484/2025 reflects that the contents and the facts of both are not same. Further, the complainant and the other persons were not arrested in the other cross FIR and they were bound down, on the other hand the accused who himself came to the police station was arrested by the police and sent to custody. Therefore, it can be said that IO is not investigating the case properly,” the Court said. However, the judge proceeded to dismiss the bail plea, observing that it would have granted bail to the accused had the IO been failed to show the video wherein he was seen running with the katta in his hand. “Firing a bullet shot outside a house is a serious offense. Undoubtedly, the fact is yet to be established and proved in the investigation, however the gravity and seriousness of the act of the accused/applicant cannot be ignored,” the Court said. “Further, one more person can be seen in the video who also have a weapon in his hand and was running with the accused who is yet to be apprehended. Therefore, in the back drop of the allegations of firing of bullet outside the house of the complainant, this Court is not inclined to grant bail to the accused/applicant,” it added.Advocate Javed Ali appeared for accused.Advocate Kamal Kapoor, APP represented State.Click here to read order

Delhi Court Orders Action Against Cops For Filing False Report Against Accused, Supervisory Lapse In Bullet Firing Case

Nupur Thapliyal

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