Prayagraj, February 10 The Allahabad High Court on Tuesday stayed an order by a Sambhal court, which had ordered the filing of an FIR against several police officers, including former Sambhal Superintendent of Police Anuj Kumar Chaudhary, for allegedly opening fire on a crowd.
The order was passed by Justice Samit Gopal while hearing a petition filed by Chaudhary, against whom an FIR was ordered on January 9 by the Sambhal chief judicial magistrate.
After the stay, the court fixed the matter for hearing on February 24.
The case originated from a complaint by 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 approximately 8.45 am, his son, Alam, was selling 'pape' (rusks) and biscuits on his cart near Jama Masjid, Mohalla Kot, Sambhal, when some police officers opened fire on the crowd with the intention of killing.
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 cognizable offence was disclosed, the CJM court concluded that the truth could only be unearthed through a proper investigation.
