Context

The issue is in news after a court rejected the Uttar Pradesh government’s application seeking withdrawal of prosecution in the 2015 Akhlaq lynching case, nearly nine years after the incident.

Background of the Case

0.1 On September 28, 2015, a mob gathered outside Mohammad Akhlaq’s house in Dadri, Uttar Pradesh, following an announcement from the village temple.
0.2 Akhlaq and his son Danish were dragged out of their home and beaten severely; Akhlaq later died in a Noida hospital, while Danish survived after major surgery.

Criminal Proceedings

0.3 An FIR was registered at Jarcha police station under IPC sections including 302 (murder), 307 (attempt to murder), 147, 148, 149, 323, and 504.
0.4 The chargesheet named 15 accused, including a minor, and all accused are currently out on bail.

UP Government’s Plea

0.5 The UP government sought withdrawal of charges citing inconsistent and contradictory witness statements, the same ground earlier raised by the accused while seeking bail.
0.6 The prosecution argued that continuation of the case could disturb social harmony, a claim contested by the victim’s side.

Court’s Observations

0.7 The court held that murder is a crime against society, and the State has a duty to prosecute to ensure that fear of law remains ingrained in society.
0.8 It stated that the plea for withdrawal was without basis and fit for rejection.

Reliance on Supreme Court Judgments

0.9 The court referred to judgments including Sheo Nandan Paswan vs State of Bihar (1987) and Tehseen S Poonawalla vs Union of India (2018).
0.10 It also cited State of Kerala vs K. Ajith and Others (2021), noting that victims have the right to object to withdrawal of prosecution.

Response from Stakeholders

0.11 Akhlaq’s lawyer said that with rejection of the withdrawal plea, the priority would now be to expedite recording of prosecution witnesses.
0.12 Members of Akhlaq’s family expressed relief and satisfaction at the court’s decision, calling it a step towards justice.