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Allahabad High Court Halts Sambhal CJM’s FIR Order Against UP Police Officers

The bench granted the complainant 14 days to respond to challenges alleging the magistrate ignored mandatory BNSS safeguards.

Overview

  • The interim stay pauses the Sambhal CJM’s 9 January direction to register an FIR naming ASP Anuj Chaudhary, Inspector Anuj Tomar and others over alleged police firing that injured a youth during the November 2024 unrest.
  • The court said the stay will continue pending the complainant’s counter‑affidavit and kept the question of the petitions’ maintainability open for later consideration.
  • Uttar Pradesh’s counsel argued the CJM acted under BNSS Section 175 without complying with Section 175(4) safeguards, including considering a superior officer’s report and the accused officers’ assertions.
  • The CJM’s earlier order held that ‘official duty’ cannot shield criminal acts such as firing at individuals and found a prima facie cognisable offence; he was transferred to Sultanpur shortly after issuing it.
  • The case traces back to violence during a court‑ordered, ASI‑monitored survey of Sambhal’s Shahi Jama Masjid, which left several dead and injured, with the state and officers now seeking quashing of the FIR direction.