"The applicant is on affidavit. And as per the facts of the application, the concerned DySP (Deputy Superintendent of Police) has acted beyond the powers which reveals that there is a case of cognisable offence," Chief Judicial Magistrate, Srinagar Masarat Shaheen said in an order passed yesterday.
The CJM, while issuing the order for registering an FIR against the officer, also directed the SSP Srinagar to get the case investigated by an officer not below the rank of a DySP.
Shabir Ahmad Mir was allegedly killed in police action at Tengpora area of the city on July 10.
According to police, he was killed during protests but his family alleges that he was shot dead by the officer in "cold blood" inside his house.
The applicant has submitted that on July 10 at 6.45 PM when they were watching television, a police party headed by DySP Yasir Qadri barged into their house and started smashing windowpanes and doors of the house. The wife of the applicant tried to stop the said police officer, however, he physically assaulted her.
The applicant has further submitted that the said DySP took law in his own hands and killed his son in "cold blood" without any "reason and rhyme".
He also submitted that he filed an application with the SHO Batamaloo, however, he refused to lodge an FIR against the accused DySP.
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