Prayagraj: The Allahabad high court on Tuesday stayed the Jan 9 order of the Sambhal CJM directing lodging of an FIR against several policemen, including the then circle officer Anuj Kumar Chaudhary of the district, for allegedly indulging in indiscriminate firing on crowd, resulting into gunshot injuries to a youth during the Nov 2024 violence. The police action had taken place in connection with a demonstration against the survey of the Shahi Jama Masjid in Sambhal. On Jan 9, chief judicial magistrate Vibhanshu Sudheer allowed a complaint moved by one Yameen, who alleged that his son Alam was shot by the cops outside the Sambhal Jama Masjid. However, the UP government and Chaudhary challenged the decision through two separate petitions. Following a detailed hearing of petitions filed by Chaudhary and UP govt, which were clubbed by a previous order of this court, Justice Samit Gopal on Tuesday noted that the complainant had failed to produce any proof that he had first approached the police regarding the alleged offence. “The fact which is seen is that the complainant has failed to produce any relevant document or even make a relevant pleading that he approached the officer in charge of the police station or information was provided to the officer in charge of police station regarding commission of cognizable offence and the officer in charge refused and neglected to register the FIR,” the judge said. The bench also rejected the objections against the petitions moved by UP govt and Chaudhary. “A petition before this court is filed under Article 227 of the Constitution of India, in the supervisory jurisdiction and this court should not scuttle its jurisdiction while entertaining a matter. The law for maintainability of a petition under Article 227 of the Constitution of India is well settled,” the high court said. While staying the CJM’s order, the court granted the complainant two weeks to file a counter- affidavit and granted further two weeks for rejoinder by the petitioners. The matter will be heard next on March 24. Two weeks after his order, CJM Sudheer was transferred, along with 14 other judges, by Allahabad high court.
