Prayagraj, February 10: The Allahabad High Court will continue hearings on the Sambhal violence case today. All parties involved are set to present their arguments. On Monday, the court heard petitions filed by the Uttar Pradesh government and Additional Superintendent of Police (ASP) Anuj Chaudhary regarding the case.
The court reviewed the petitions challenging the order of the then Chief Judicial Magistrate, which directed the registration of an FIR against ASP Chaudhary and other police officials. Justice Samit Gopal is presiding over the hearings. This case pertains to the violence that erupted in Sambhal in November 2024. Last month, a petition by Yameen led the then CJM to issue the order. Yameen alleged that police officials shot at his son with the intent to kill.
Representing the state government and police officials, Additional Advocate General Manish Goyal and Advocate A.K. Sund presented their arguments. Goyal contended that the magistrate violated the limits of the B.N.S.S. and overlooked mandatory safety provisions enshrined in the law.
He noted that while the magistrate ordered the registration of an FIR under Section 175 of the B.N.S.S., the required strict procedures outlined in Section 175(4) were not followed. This section is designed to protect public servants from frivolous and malicious criminal actions while performing their official duties.
The Additional Advocate General further explained that before ordering an investigation against a public servant under Section 175(4), the magistrate must follow a two-step process. The state also argued that the complainant failed to specify whether he had previously lodged a complaint at the relevant police station, which is a necessary condition under the law.
Moreover, the Additional Advocate General stated that the CJM acted beyond his jurisdiction and completely disregarded the police report, which indicated that a case related to the incident was already registered and under investigation.
The state government also asserted that the Sambhal violence in November 2024 was not an isolated incident but rather a result of ongoing unrest and tension in the area.
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