The Allahabad High Court on Tuesday stayed an order of the Sambhal Chief Judicial Magistrate (CJM) that had directed the registration of an FIR against several policemen, including former Circle Officer Anuj Kumar Chaudhary, in connection with an alleged firing incident on a crowd in November 2024.
Justice Samit Gopal passed the interim order while hearing a petition filed by Chaudhary challenging the CJM’s directive. The court has listed the matter for further hearing on February 24.
The proceedings before the CJM stemmed from a complaint filed by one Yameen, who alleged that on November 24, 2024, around 8:45 am, his son Alam was selling rusks and biscuits from a thela (cart) near Jama Masjid in Mohalla Kot, Sambhal. At that time, according to Yameen, certain police officials, including Sambhal Kotwali in-charge Anuj Kumar Tomar and former Circle Officer Anuj Chaudhary, allegedly opened fire on the crowd with an intent to kill.
Yameen filed an application before then-CJM Vibhanshu Sudheer under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking action based on these allegations.
In an 11-page order issued on January 9, 2026, CJM Sudheer held that a prima facie cognizable offence had been made out. Notably, the court rejected the contention that the accused officers were acting in the discharge of their official duties.
Referring to precedents laid down by the Supreme Court, the CJM observed that:
“Firing upon a person cannot be considered a discharge of official duties.”
The court emphasized that police officers cannot claim protection under the “official duty” shield for acts of criminal nature. Concluding that a thorough investigation was required to ascertain the truth, the CJM had directed the registration of an FIR.
Following the CJM’s directive, Anuj Kumar Chaudhary approached the High Court seeking a stay on the order. Granting interim relief, the High Court stayed the operation of the order and fixed February 24 as the next date of hearing.
The outcome of the High Court proceedings will determine whether a criminal investigation into the alleged firing will proceed against the named police officers.
