Dadri Lynching | Victim Akhlaq's Wife Moves High Court Against UP Govt's Proposal To Withdraw Charges Against Accused

[NOTE : After the publication of this story, a court in Gautam Budh Nagar (UP) rejected the Uttar Pradesh Government's application to withdraw the prosecution against the accused in the 2015 Mohammad Akhlaq lynching case. Consequently, the petition filed by the victim's wife (details of which are contained in the news piece below) in the High Court has effectively been rendered infructuous. More information here: https://tinyurl.com/49md8u9d ]The wife of Mohammad Akhlaq, the victim of the 2015 Dadri lynching case, has moved the Allahabad High Court against the Uttar Pradesh Government's decision to withdraw the case against the accused, as well as the withdrawal application filed by the Prosecutor in a court in Gautam Buddha Nagar.For the uninitiated, Akhlaq was lynched by a mob in the Dadri area of Gautam Budh Nagar in 2015 over the allegations that he had eaten beef during Eid and had stored it for later consumption as well.The police had initially lodged the FIR under various sections of the IPC, including the charge of murder. A total of 18 accused were arrested in connection with the lynching, including three minors. One of the accused passed away in 2016, while the remaining 14 accused are currently out on bail. Recently, the Uttar Pradesh Government moved the Local court to withdraw the case against the accused. An application was filed in the Trial Court by the Assistant District Government Counsel (ADGC), Crime, under Section 321 CrPC, seeking the withdrawal of prosecution.For context, Section 321 CrPC provides that the Public Prosecutor or Assistant Public Prosecutor may file an application for withdrawal from prosecution with the consent of the Court. For this issue, the consent of the Court is necessary and imperative.Under section 321, the court has the power to determine whether the withdrawal from prosecution, as sought by the prosecutor, is appropriate and whether it would result in a miscarriage of justice.The victim's family has formally challenged this application before the trial court by filing an objection against the UP Government's application. The matter is listed for hearing today.Meanwhile, Akhlaq's wife has also moved the HC with her writ plea praying for setting aside the government and administrative orders concerning the withdrawal application. The plea challenges explicitly the following: Government Order of August 26, 2025,Administrative Order of September 10, issued by the Additional District Magistrate (Administration), Gautam Budh Nagar, addressed to the Joint Director of Prosecution,Prosecution Order of September 12, issued by the Joint Director of Prosecution,District Government Advocate Order of September 16, passing on the directive,Withdrawal Application of October 15, made through an application by the Assistant District Government Advocate (Criminal). The plea, moved through Advocate Omar Zamin, also prays for a direction to the Government of Uttar Pradesh to ensure that any discretionary exercise of executive power shall be carried out in line with the strict mandate of the Constitution of India.Also read : S. 321 CrPC | Mere State Govt's Intention To Withdraw Prosecution Not Binding; Independent Scrutiny By PP & Court Mandatory: Allahabad HC

Dadri Lynching | Victim Akhlaq's Wife Moves High Court Against UP Govt's Proposal To Withdraw Charges Against Accused

Sparsh Upadhyay

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