Sambhal police said on Tuesday they would not file an FIR despite a local court’s order to register a case over allegations that officers shot a young man during last year’s violence, and that they plan to challenge the ruling in the higher court.

Chief Judicial Magistrate Vibhanshu Sudhir had on January 9 ordered the police to lodge a case after hearing an application from Yameen, whose son Alam was allegedly shot during clashes in the town on November 24, 2024.

In a post on X on Tuesday, Sambhal police said they would not register an FIR and would instead file an appeal against the order.

According to Yameen’s application, Alam was shot twice in the back and once in the hand while he was setting up his food stall when violence broke out. He alleged that several police personnel, including then circle officer Anuj Chaudhary and station house officer Anuj Kumar Tomar, were involved.

The magistrate said he examined police reports, medical documents and forensic records before passing the order. Police told the court that the bullet recovered from Alam’s body was of .32 calibre, which they said is not used in police weapons. However, the judge noted that medical records described the injuries as gunshot wounds linked to police firing during a riot, and said the matter appeared suspicious.

Yameen also alleged that hospitals in Sambhal refused to treat his son and that medical facilities in Moradabad and Aligarh also denied admission, allegedly after police instructions. He said Alam was finally admitted to a hospital in Meerut after the family concealed their address.

Sambhal superintendent of police Krishan Kumar was quoted by the Times of India as saying the court’s order was illegal. He said a judicial commission appointed by the Uttar Pradesh government had already found police action during the violence to be correct, and that police would challenge the order in a higher court.

The Uttar Pradesh government had constituted a three-member judicial commission to probe the violence, though its report has not been made public.

The clashes erupted during protests against a court-ordered survey of the Shahi Jama Masjid, following claims by Hindu groups that the mosque was built on the site of a Hindu temple. At least four Muslim men were killed in the violence. Police have denied opening fire on protesters.