
Allahabad HC stays FIR against Sambhal Police officers over alleged firing incident
The Allahabad High Court on Tuesday stayed a Sambhal court’s order directing registration of an FIR against several police personnel, including former Sambhal Circle Officer Anuj Kumar Chaudhary, in connection with an alleged firing incident involving civilians.
The interim order was passed by Justice Samit Gopal while hearing a petition filed by Chaudhary challenging the January 9 directive of the Sambhal Chief Judicial Magistrate (CJM). After granting the stay, the High Court posted the matter for further hearing on February 24.
The case has its roots in an alleged incident on November 24, 2024, in Sambhal town. According to the complainant, Yameen, his son Alam was selling ‘pape’ (rusks) and biscuits from a handcart near Jama Masjid in Mohalla Kot at around 8.45 am when police personnel allegedly fired into a crowd with the intention to kill. Yameen named then Circle Officer Anuj Kumar Chaudhary and Sambhal Kotwali in-charge Anuj Kumar Tomar among the accused.
After no FIR was registered by the police, Yameen approached the court by moving an application under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The application was allowed by then CJM Vibhanshu Sudheer on January 9, directing registration of an FIR and investigation into the allegations.
In his detailed 11-page order, the CJM observed that police personnel cannot claim protection under the “official duty” clause for acts that are criminal in nature . Citing Supreme Court judgments, the magistrate held that firing upon civilians cannot be considered an act done in the discharge of official duties. The court further noted that a prima facie cognisable offence was disclosed and that the truth of the allegations could only be ascertained through a proper investigation.
Challenging this order, Anuj Kumar Chaudhary moved the Allahabad High Court, which has now stayed the operation of the magistrate’s directive and the consequent FIR, pending further hearing in the matter.
