The Allahabad High Court stayed a Sambhal court order directing registration of an FIR against several policemen, including former circle officer Anuj Kumar Chaudhary, over alleged firing into a crowd. Justice Samit Gopal fixed matter after examining Chaudhary’s petition.
PRAYAGRAJ: The Allahabad High Court issued a stay against a Sambhal court’s order that called for an FIR against several policemen, including former Sambhal circle officer Anuj Kumar Chaudhary, for allegedly firing into a crowd.
Justice Samit Gopal delivered this ruling while examining a petition filed by Chaudhary, against whom an FIR was mandated on January 9 by the chief judicial magistrate in Sambhal.
Following the stay, the court scheduled the next hearing for February 24.
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This case arose from a complaint by Yameen, who had submitted an application to then CJM Vibhanshu Sudheer. This application was accepted under Section 173(4) of BNSS. In his accusation, Yameen claimed that on November 24, 2024, around 8:45 am, his son Alam was vending ‘pape’ (rusks) and biscuits from his thela near Jama Masjid in Mohalla Kot, Sambhal, when several policemen fired into the crowd with intent to kill.
The petition named Sambhal Kotwali in-charge Anuj Kumar Tomar and Anuj Chaudhary. In a detailed 11-page order, Sudheer remarked that the police cannot claim “official duty” protection for criminal actions. He cited the Supreme Court’s rulings, asserting that shooting at a person cannot qualify as part of official responsibilities.
Determining that a prima facie cognizable offence had been revealed, the CJM court concluded that only through a thorough investigation could the truth be uncovered.
The violence during the survey of the Shahi Jama Masjid had left several injured. Alam, who was later allegedly shot by police during subsequent unrest, is reported to have undergone multiple surgeries and continues to receive medical treatment.
The Vibhanshu Sudheer, CJM of Sambhal had directed the police to register an FIR against several police officers, including Anuj Chaudhary. Following the Chief Judicial Magistrate’s direction to register an FIR, both the named police officer and the Uttar Pradesh government approached the High Court, questioning the legality and correctness of the order.
Sudheer was among 14 judicial officers transferred by the Allahabad High Court on January 20, following which more transfers were ordered on January 22. As per the January 20 order, Sudheer was transferred from Sambhal to Sultanpur as a Civil Judge (Senior Division).
This move drew sharp reactions from opposition political parties, who claimed that the transfer was aimed at punishing a judicial officer for passing an inconvenient order. Lawyers across Uttar Pradesh also staged protests, terming the transfer an attack on judicial independence.
Sudheer was initially to be replaced by judicial officer Aditya Singh, who had earlier, in 2024, ordered a survey of the Shahi Jama Masjid in Sambhal through an advocate commissioner. That survey order had triggered violent clashes in Chandausi, resulting in the death of at least five people.
However, in a subsequent transfer order issued on January 22, the High Court modified the postings and announced that Aditya Singh would continue as Civil Judge (Senior Division) at Chandausi, while Deepak Kumar Jaiswal was appointed as the new Chief Judicial Magistrate, Sambhal.