Prayagraj, Feb 9 Hearing will continue on Tuesday on a petition filed by former Sambhal circle officer Anuj Chaudhary in the Allahabad High Court, challenging the January 9 order of the then CJM who had directed registration of an FIR against him and several other policemen.
The Uttar Pradesh government has also filed a petition challenging the order of the chief judicial magistrate (CJM). Both the petitions have been clubbed.
Uttar Pradesh Additional Advocate General Manish Goel on Monday argued before the court that the CJM did not follow the mandatory provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) while passing the impugned order.
The matter is being heard by Justice Samit Gopal.
One Aameen had moved an application before then CJM Vibhanshu Sudheer who had allowed the application moved under Section 173(4) of the BNSS.
In his application, Aameen, father of one Alam, alleged that Alam was selling 'pape' (rusks) and biscuits on his cart near Jama Masjid, Mohalla Kot, Sambhal around 8.45 am on November 24, 2024, when the named police officials suddenly started firing at the crowd with their weapons with the intention to kill.
The then Sambhal circle officer Anuj Chaudhary and Kotwali in-charge Anuj Kumar Tomar were named in the petition.
In its 11-page order, CJM Sudheer also 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 cognisable offence was disclosed, the CJM court concluded that the truth could only be unearthed through a proper investigation.
