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Recently, the magistrate who issued the order was moved outside of Sambhal district.
An order directing Uttar Pradesh Police to file a First Information Report (FIR) against Anuj Kumar Chaudhary, a former circle officer in Sambhal, and other police officers for allegedly shooting at a young person in 2024 was stayed by the Allahabad High Court on Tuesday [Anuj Kumar Chaudhary And Another v State of Uttar Pradesh].
The police action had taken place in connection with a demonstration against the survey of the Shahi Jama Masjid in Sambhal.
On January 9, Chief Judicial Magistrate Vibhanshu Sudheer allowed a complaint moved by a man, who alleged that his son Alam was shot by the cops outside the Sambhal Jama Masjid. The Court had opined that a criminal investigation was necessary in the matter.
The Uttar Pradesh government, Chaudhary, and Inspector Anuj Kumar Tomar, however, contested the ruling.
After a thorough hearing on the case, Justice Samit Gopal stated today that the complainant had not shown any evidence that he had initially contacted the police about the alleged offense.
“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 Incharge of the Police Station or information was provided to the Officer Incharge of police station regarding commission of cognizable offence and the Officer Incharge refused and neglected to register the FIR,” the judge said.
The Court rejected the objections against the petitions moved by State of Uttar Pradesh and Chaudhary.
"A petition is filed in the supervisory jurisdiction of this Court under Article 227 of the Indian Constitution, and this Court should not scuttle its jurisdiction while entertaining a matter." According to the High Court, "the law regarding the maintainability of a petition under Article 227 of the Constitution of India is well settled."
The Court gave the complainant two weeks to submit a counter-affidavit and the petitioners another two weeks to respond, all the while restraining the CJM's order. The matter will be heard next on March 24.
"The order dated 09.01.2026 passed in Misc. Case No. 525 of 2025 (Yameen vs. Anuj Tomar) by learned Chief Judicial Magistrate, Sambhal at Chandausi shall remain stayed until the next date of listing, effect, and operation," the court said.
Notably, CJM Sudheer, who had issued the FIR order, was recently moved outside of Sambhal. The opposition parties criticized his transfer on the grounds that it was politically motivated.
Sudheer was one of the 14 judges transferred on January 20 by Allahabad High Court. More judges were transferred on January 22.
Interestingly, he has been transferred thrice since May 2025.
Between November 2023 and May 2025, Sudheer served as Lalitpur's Chief Judicial Magistrate. He was then transferred to Agra where he remained till September 2025. From there, he was transferred to Sambhal where he remained posted till January 20 this year.
See also the CJM that issued a FIR against Sambhal police officers who were transferred three times in the previous eight months.
Anuj Chaudhary and Allahabad High Court
Advocate Ashutosh Kumar Sand represented the petitioners.
Additional Advocate General Manish Goel with Additional Government Advocate Rupak Chaubey appeared for the State
Senior Advocate SFA Naqvi with Advocates Mohammad Khalid, Syed Ahmad Faizan, Zaheer Asghar and Sahanwaj Shah represented the complainant.
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