The case involves registration of a case against Sambhal Kotwali in-charge Anuj Kumar Tomar, then-CO Anuj Chaudhary and others
NEW DELHI – Former circle officer in Uttar Pradesh’s Sambhal, Anuj Kumar Chaudhary, and several other policemen on Tuesday received relief from the Allahabad High Court as it stayed the registration of a First Information Report (FIR) against them.
The order was passed by Justice Samit Gopal while hearing a petition filed by Chaudhary, against whom the FIR was ordered on January 9 by the Sambhal Chief Judicial Magistrate (CJM) Vibhanshu Sudheer.
After the stay, the high court posted the matter for hearing on February 24.
Interestingly, CJM Sudheer was moved to Sultanpur as a Civil Judge (Senior Division) on January 21 after he ordered the FIR against the mentioned police officials. Aditya Singh was initially appointed as the new CJM, but was reversed back to his original position within 48 hours after public and political outcry. Finally, Deepak Kumar Jaiswal (previously CJM in Kaushambi) took over as the new CJM of Sambhal.
CJM Sudheer’s transfer was heavily criticised by opposition parties as an “assault on judicial independence.
The case which drew the order to register the FIR stems from a complaint by a Muslim resident of Sambhal, Muhammad Yameen, who had moved an application before then CJM Vibhanshu Sudheer, who allowed the application under Section 173(4) of BNSS.
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 (cart) 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 cognisable offence was disclosed, the CJM court concluded that the truth could only be unearthed through a proper investigation.
Chaudhary, now Assistant Superintendent of Police (ASP) in Firozabad, moved the high court pleading to quash the order to register an FIR against him and other officers.
On Monday, lawyers representing Chaudhary presented their arguments before the court for approximately an hour, explaining their grounds for challenging the order.
It is alleged that 24-year-old Mohammad Alam was seriously injured in police firing during the violence that rocked Sambhal in November 2024.
Yameen has alleged that Chaudhary, the then-SHO Anuj Tomar, and 15 to 20 other unidentified policemen (some reports say 10-22) deliberately opened fire. According to the complaint, Alam was hit by two bullets in the back and one in the hand, after which he had to undergo multiple surgeries.
Meanwhile, the police have charged Muhammad Alam with involvement in the violence, a charge the victim’s father has sought additional time from the high court to file a response to.
