Allahabad High Court Extends Interim Stay on FIR Against Sambhal Police Officials, Next Hearing on April 21
By Rajesh Pandey
The Allahabad High Court on Tuesday extended its interim order staying the operation of a directive issued by the then Chief Judicial Magistrate (CJM), Sambhal, which had ordered the registration of an FIR against several police personnel, including the then Circle Officer (CO) of Sambhal, Anuj Kumar Chaudhary.
The CJM had passed the order while acting on an application filed by a Sambhal resident, Yameen, who alleged that in November 2024, police officials, including the then CO Anuj Chaudhary, opened indiscriminate fire, resulting in serious gunshot injuries to his son, Alam.
The order extending the interim protection was passed by Justice Samit Gopal. During the hearing on Tuesday, counsel for the complainant filed a counter affidavit in response to the petition.
The court granted time to the petitioner’s counsel to file a rejoinder to the counter affidavit and listed the matter for further hearing on April 21.
The interim stay granted earlier on the CJM’s order will continue to remain in force till the next date of hearing.
It may be recalled that Justice Samit Gopal had earlier stayed the operation of the CJM’s order dated January 9, 2026, while hearing a petition filed by Anuj Kumar Chaudhary challenging the direction for registration of an FIR.
The matter had earlier been fixed for hearing on March 24.
Apart from the petition filed by Anuj Kumar Chaudhary, the Uttar Pradesh government has also challenged the CJM’s order through a separate petition.
Both petitions have been clubbed together and are being heard simultaneously by the High Court.
The case originates from an application filed by Yameen before the then Chief Judicial Magistrate, Vibhanshu Sudheer, under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
In his plea, Yameen alleged that on November 24, 2024, at around 8:45 am, his son Alam was selling rusks (pap) and biscuits from a handcart near Jama Masjid in Mohalla Kot area of Sambhal when the police personnel allegedly opened fire on the crowd with the intention to kill.
The complaint specifically named Sambhal’s then Circle Officer Anuj Kumar Chaudhary and Kotwali in-charge Anuj Kumar Tomar.
In its detailed 11-page order, the CJM court observed that police personnel cannot claim protection under the pretext of “official duty” when allegations relate to criminal acts.
Referring to judicial precedents laid down by the Supreme Court, the magistrate noted that indiscriminate firing on civilians cannot be treated as an act performed in the discharge of official responsibilities.
Observing that the complaint disclosed a prima facie cognizable offence, the CJM concluded that a thorough investigation was necessary to ascertain the truth of the allegations.
The High Court will now examine the rival submissions of the parties when the matter is taken up for further hearing on April 21.
