The Allahabad High Court has extended its interim stay on a lower court’s order that directed the registration of an FIR against several police officials, including then-Circle Officer Anuj Kumar Chaudhary, in connection with a firing incident in Sambhal.
The High Court has scheduled the next hearing for April 21, allowing time for the petitioners to respond to a counter-affidavit filed by the complainant.
On Tuesday, the court took up the matter involving the challenge to a January 9 order issued by then-Chief Judicial Magistrate (CJM) Vibhanshu Sudheer. During the proceedings, the counsel for the complainant, Yameen, filed a counter-affidavit. In response, the petitioner’s counsel sought time to file a rejoinder.
Justice Samit Gopal, who had previously stayed the operation of the CJM’s order, extended the interim protection for the named officials. The court has clubbed the petition filed by Anuj Chaudhary with a separate challenge moved by the state government against the same order.
The case originates from a petition filed by Yameen under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Yameen alleged that on November 24, 2024, at approximately 8:45 AM, his son Alam was selling rusks and biscuits from a cart near the Jama Masjid in the Mohalla Kot area of Sambhal.
According to the complaint, police officials suddenly opened fire on the crowd “with the intention to kill.” The petition specifically named Sambhal Circle Officer Anuj Chaudhary and Kotwali in-charge Anuj Kumar Tomar, along with other unidentified personnel.
In the initial 11-page order dated January 9, CJM Sudheer had ruled that the police could not use the shield of “official duty” to justify criminal acts. The Magistrate noted:
“Firing upon a person cannot be considered discharge of official duties.”
Citing Supreme Court precedents, the CJM observed that a prima facie cognizable offense was made out and emphasized that the truth could only be “unearthed through a proper investigation.” This prompted the immediate direction to register an FIR, which was subsequently challenged in the High Court.
