HC extends interim stay on CJM order to lodge FIR against Sambhal cops

The Allahabad High Court has extended its interim stay on the Sambhal chief judicial magistrate’s order directing registration of an FIR against several policemen, including the then Circle Officer Anuj Kumar Chaudhary.

When the matter was taken up on Tuesday, the complainant’s counsel filed a counter-affidavit in the case. The court then granted time for the petitioner’s counsel to file a response on this.

It extended the interim order granted earlier and fixed April 21 as the date for the next hearing.

Earlier, Justice Samit Gopal had, after hearing a petition filed by the then Sambhal Circle Officer Anuj Chaudhary, stayed the operation of the January 9 order of then chief judicial magistrate directing registration of the FIR.

Apart from Chaudhary, the state Government had also challenged the chief judicial magistrate’s order. The court clubbed both the petitions.

The complainant, Yameen, had moved a petition — filed under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita — before the then Chief Judicial Magistrate (CJM) Vibhanshu Sudheer.

In his petition, Yameen alleged that his son Alam was selling pap (rusk) and biscuits in his cart near Jama Masjid at Sambhal’s Mohalla Kot area at around 8.45 am on November 24, 2024, when the named police officials suddenly opened fire at the crowd “with the intention to kill”.

Yameen’s petition had named Sambhal Circle Officer Anuj Chaudhary and Sambhal Kotwali in-charge Anuj Kumar Tomar.

In its 11-page order, CJM Sudheer had observed that the police cannot invoke the “official duty” shield for criminal acts.

Referring to Supreme Court rulings, the CJM noted that firing upon a person cannot be considered discharge of official duties. Observing that there was prima facie a cognisable offence, the CJM had said that the truth could only be unearthed through a proper investigation.