In his probe report, Sub-Divisional Magistrate (SDM) Rakesh Kumar said that victim Shanu Shahnawaz Chaudhary is seen pinned down on ground in a video and "over powered" by many police personnel who are seen "using batons" also.
However, Delhi Police maintained that "any further action will be taken on the basis of the report of the judicial inquiry which has been initiated under Section 176 CrPC."
The magistrate also concluded that Chaudhary's wife was made to stay at the police station till 2.30 AM by the cops who did not seem to have followed guidelines of the Supreme Court and National Human Rights Commission that no woman can be arrested after sunset and before sunrise and in cases of imminent arrest, permission from a judicial magistrate must necessarily be sought.
"The magistrate has concluded on the basis of postmortem report and eyewitnesses' accounts that Chaudhary's death has been caused by police. It is a case of custodial death. There are 23 injury marks on his body," sources said.
"Government has now sent magisterial probe report for legal examination," they said.