Lawyer claims assaulted while refilling oxygen cylinder, court seeks FIR against cops

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A Delhi court has ordered the police to file an FIR against police officers accused of assaulting a lawyer, who was trying to refill an oxygen cylinder during the Covid pandemic.

The complainant, Ashwani Gaur, had stated that his sister, who also worked with the Delhi Police, had tested positive for Covid in April, 2021and was admitted at a hospital in Prashant Vihar.

The complainant alleged that while he and his cousin brother were trying to get an empty oxygen cylinder refilled near Rani Bagh area, they were abused and assaulted by police officers.

Metropolitan Magistrate Ayush Sharma passed the order on July 11 observing that “the alleged acts of the proposed persons prima facie discloses commission of cognizable offences”.

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The court said that this matter “calls for police investigation for preparing detailed panchnama, recording of statement of witnesses and for verifying the veracity of the allegations of the complainant”.

“In the fact and circumstances, the present application… stands allowed and the SHO concerned is directed to investigate the matter after registering an FIR under appropriate sections of law. Needless to say, that the investigation be conducted in a fair, impartial manner and expeditious manner,” the court said.

The police had filed a status report on this case by stating that the allegations of the complainant “could not be substantiated” and the complainant “could not produce any audio or video recordings to substantiate his case”.

The court, after going through arguments made by the complainant’s lawyer, stated that it is “clear that the proposed accused persons were neither on official duty at the place of incident nor their alleged acts can be categorised to be falling within the legal domain recognised by law”.

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