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Court summons DCP after duo accuse cops of framing

The directions were given by the Metropolitan Magistrate Mahima Rai on November 30, after the court termed the report submitted by the Investigating Officer (IO) as "highly unsatisfactory"

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Raising suspicion over the arrest of two alleged arms distributors, whom a team of Delhi Police arrested from east Delhi last year, a Delhi court has asked the Deputy Commissioner of Police, East, to be present in the court on the date of the next hearing with a status report.

The directions were given by the Metropolitan Magistrate Mahima Rai on November 30, after the court termed the report submitted by the Investigating Officer (IO) as "highly unsatisfactory".

"The said report (status report) is highly unsatisfactory in nature and is silent on the main complaint filed by the complainant," the court said, adding that it is necessary that DCP concerned be present in person with a reply to the complaint.

The arrested duo — Mursalin Malik and Asif — who claim to have been running a scrap shop in Old Seelampur, were arrested in November 2016. Police had registered two FIRs against them, one under various sections of the Arms Act and the other under Section 379 (Punishment for theft) and 411 (Dishonestly receiving stolen property) of the Indian Penal Code (IPC).

The court's direction came following Malik's complaint under 156 (3) of the CrPC after police refused to lodge a complaint against the police officers.

According to the complaint filed by the duo in the court, they had been falsely implicated by the police officers. They claimed that on November 7, 2016, five to six people in civil dress, who claimed that they were officials of the Special Staff of the police station in Anand Vihar, arrested them without any "just and sufficient reason."

Following this, the duo were granted bail on production of CCTV footage which showed the officers coming to the shop and making the arrest. Malik's brother, Mehraj made a complaint to the Commissioner of police and National Human Rights Commission but no action was taken.

The police, however, in their complaint had stated that Mursalin and Asif were apprehended at Purana Seelampur Ganda Nala with a motorcycle, a country made pistol and one live cartridge following a tip-off.

After the complaint by the accused, the court had called for a status report from the IO. However, when the report was submitted the court said that "it was silent on the main complaint and there was no mention about the CCTV footage provided by the complainant".

The court has fixed the next date of hearing for December 19.

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