2024 Sambhal violence: Allahabad HC stays order for FIR against cops over youth’s gunshot injuries

Following the Sambhal court docket’s order, two petitions had been filed within the Excessive Court docket, one by then CO Anuj Kumar Chaudhary and SHO Anuj Kumar Tomar, and one other by the UP authorities, difficult the FIR order.

Whereas staying the CJM’s order until March 24, the subsequent date for listening to, the Excessive Court docket Bench of Justice Samit Gopal granted two weeks’ time to the youth’s father to file a counter affidavit.

Of their petitions, the law enforcement officials and the state authorities sought the quashing of the Sambhal court docket order and imposition of award prices to the youth’s household.

Pleading earlier than the Excessive Court docket, the Extra Advocate Normal, representing the state authorities, argued that Alam and his father didn’t strategy the native police station for lodging of an FIR and as a substitute approached senior law enforcement officials and the CJM.

“Due to this fact, the process below Part 174(3) of the BNSS has not been adopted,” the federal government counsel stated, including that the Sambhal court docket didn’t take into account the police report filed earlier than it, giving an in depth model concerning the alleged incident.

The counsel for Yameen, nevertheless, submitted that the petitioner within the case is Principal Secretary (House) of the UP authorities, “who’s the protector of a citizen, and is even then difficult an order of the court docket directing registration of an FIR and investigation”.

Yameen’s counsel requested the Bench to grant him two weeks’ time to file a counter-affidavit.

“The submissions of the petitioners (law enforcement officials and UP authorities) are on deserves, whereas the preliminary objection has been raised concerning the maintainability of the petition filed by the State on behalf of the non-public respondent, and for addressing it on deserves, time to file a counter affidavit is being sought. A petition earlier than this Court docket is filed below Article 227 of the Structure… and this Court docket shouldn’t scuttle its jurisdiction whereas entertaining a matter,” the order issued by the Excessive Court docket Bench learn.

The Excessive Court docket additionally famous that the “complainant (Yameen) has failed to provide any related doc and even make a related pleading that he approached the Officer In-charge of the police station or data was offered to the Officer In-charge of the police station concerning the fee of cognizable offence and the Officer In-charge refused and uncared for to register the FIR”.

In his petition filed within the CJM court docket, Yameen had stated he was unable to lodge a grievance earlier on account of concern and solely after approaching officers with no success, he determined to hunt the court docket’s intervention to direct the registration of an FIR against the policemen.

On January 9, Vibhanshu Sudheer, the then Sambhal CJM, had ordered registration of the FIR against the law enforcement officials. He was transferred to Sultanpur district 11 days later.

He was changed by Aditya Singh, the decide who had ordered a survey of the Jama Masjid two years in the past on a petition claiming {that a} temple had been demolished to construct the mosque. Following this, violence had damaged out that left 4 useless and several other, together with policemen, injured.

Nevertheless, inside three days following protests by legal professionals, Aditya Singh was moved out, and Deepak Kumar Jaiswal was appointed the brand new Sambhal CJM