HC stays order to file FIR against Sambhal CO, cops

The Allahabad high Court has put a hold on an FIR order against several policemen, including former Sambhal circle officer Anuj Kumar Chaudhary, regarding an alleged firing incident, pending further hearing.

The Allahabad high court on Tuesday stayed a Sambhal court's order of a first information report (FIR) against several policemen, including former Sambhal circle officer Anuj Kumar Chaudhary, for allegedly firing into a crowd.

The order was passed by Justice Samit Gopal while hearing a petition filed by Chaudhary, against whom an FIR was ordered on January 9 by the Sambhal chief judicial magistrate.

After the stay, the court posted the matter for hearing on February 24.

The case stems from a complaint by Yameen, who had moved an application before then CJM Vibhanshu Sudheer, who allowed the application under Section 173(4) of Bharatiya Nagarik Suraksha Sanhita, 2023.

In his complaint, Yameen alleged that on November 24, 2024, at about 8.45 am, Alam, his son, was selling 'pape' (rusks) and biscuits on his thela near Jama Masjid, Mohalla Kot, Sambhal, when some policemen fired into the crowd with the intention to kill.

Sambhal Kotwali in-charge Anuj Kumar Tomar and Anuj Chaudhary were named in the petition.

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

Referring to the Supreme Court's rulings, the CJM noted that firing upon a person cannot be considered a discharge of official duties.

Finding that a prima facie cognizable offence was disclosed, the CJM court concluded that the truth could only be unearthed through a proper investigation.