Sambhal Violence: Allahabad High Court Stays FIR Order Against Police Officials
Allahabad High Court stays CJM Sambhal's order for FIR against police in Sambhal violence case.
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The Allahabad High Court has stayed the operation of an order issued by the Chief Judicial Magistrate (CJM), Sambhal, which directed the registration of a First Information Report (FIR) against Additional Superintendent of Police Anuj Chaudhary and other police officials. The stay pertains to allegations arising from the Sambhal violence incident in November 2024. The original complainant has been granted 14 days to file a counter-affidavit, and the stay will remain effective until the next hearing.
According to Live Law, the bench of Justice Samit Gopal passed the interim order after hearing petitions filed by former Sambhal Circle Officer Anuj Chaudhary and former Sambhal Kotwali in-charge Anuj Tomar. The High Court has left the question of maintainability open, to be considered after the complainant files a counter.
Arguments presented by the government counsels focused on the claim that the Magistrate had exceeded the boundaries of the Bharatiya Nyaya Sanhita (BNSS) by not adhering to mandatory legal safeguards. During proceedings, it was also argued that the police officials were not given an opportunity to respond to the allegations before the Magistrate.
Senior Counsel SFA Naqvi, representing the complainant, raised the issue of the petition's maintainability and contended that the state government was supporting its police officials. He argued that the Home Secretary, who approached the court, should act as parens patriae, stating,
"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,"
The High Court granted the complainant time to file a detailed counter-affidavit, maintaining the stay on the CJM's order until the next date of hearing. Further details indicate that the original CJM order was based on an application by Yameen, the father of an injured youth, who alleged that police officials had opened fire on his son with intent to kill during the violence.
Just a week after the CJM's order, Vibhanshu Sudheer, the Magistrate who issued the directive, was transferred to Sultanpur. The High Court's interim stay will remain in effect while the matter is further examined as proceedings continue.
Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.