Sambhal Violence | Allahabad High Court Stays CJM Order For FIR against Cops; Grants Complainant 2 Weeks To File Counter

The Allahabad High Court today stayed the operation of an order passed by the Chief Judicial Magistrate (CJM), Sambhal, directing the registration of an FIR against Additional Superintendent of Police (ASP) Anuj Chaudhary and other police officials in connection with the Sambhal violence of November 2024.

A bench of Justice Samit Gopal passed this order on a petition moved by former Sambhal Circle Officer Anuj Chaudhary and former Sambhal Kotwali in-charge Anuj Tomar. The original complainant has been granted 14 days to file a counter to their petition. The stay order would remain in effect until then.

The High Court has, however, left the question of maintainability open to be considered after the filing of the counter-affidavit.

The order was passed after the Bench heard the submissions of the Government counsels [Additional Advocate General (AAG) Manish Goyal and GA AK Sand], who primarily argued that the Magistrate had exceeded the boundaries of the BNSS by ignoring mandatory safeguards under the law and that the police officials were not given any opportunity to explain the allegations against them before the Magistrate.

On the other hand, Senior Counsel SFA Naqvi, appearing for the complainant, raised the issue of maintainability of the petition. He argued that the state government was supporting the police officials working under the principal secretary (home).

He strongly contended that the Home Secretary, who had approached the court, was supposed to act in the capacity of parens patriae.

"The protector of the citizen. A person has been shot, he is to protect the citizens...at this stage, the state is jumping to protect its own officers which cannot be allowed otherwise the justice will derail," Naqvi contended.

However, granting him time to file a detailed counter, the bench stayed the operation of the order impugned till next date of hearing.

It may be recalled that the order in question was passed last month by CJM Vibhanshu Sudheer on an application moved by Yameen, the father of an injured youth, alleging that the police officials had opened fire upon his son with the intent to kill him during the Violence.

Just a week after CJM Sudheer passed this order, he was transferred to Sultanpur by the High Court.