Dadri Lynching 2015 | UP Court Rejects Govt's Plea To Withdraw Charges Against Accused In Akhlaq Murder Case

A Fast Track Court in UP's Gautam Budh Nagar has rejected the Uttar Pradesh Government's application to withdraw the prosecution case against the men accused of lynching Mohammad Akhlaq in 2015. Additional District Judge Saurabh Dwivedi dismissed the Public Prosecutor's plea under Section 321 CrPC, which sought to drop charges against the 14-surviving accused. The Court also directed the day-to-day hearing of the case and also passed order to ensure the protection of the evidence related to the case.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.In October this year, the State 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 the UP Government's application before the trial court by filing an objection. Meanwhile, Akhlaq's wife also moved the HC with her writ plea praying for setting aside the government and administrative orders concerning the withdrawal application.

Dadri Lynching 2015 | UP Court Rejects Govt's Plea To Withdraw Charges Against Accused In Akhlaq Murder Case

Sparsh Upadhyay

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