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Court Sets December 18 Hearing on UP Bid to Withdraw Akhlaq Lynching Prosecution

A judge questioned whether a murder case can be withdrawn, with a formal objection to the state’s Section 321 request due next.

Overview

  • The Surajpur fast-track court listed the withdrawal application for December 18 after complainant’s counsel Yusuf Saifi sought time on Friday to file an objection.
  • The Uttar Pradesh government moved in October to end the case under Section 321 of the CrPC, citing changed witness statements and evidentiary issues, which requires the court’s permission.
  • During the brief hearing, Additional District Judge Saurabh Dwivedi twice asked whether a Section 302 case had ever been withdrawn and noted that eyewitness statements remain pending.
  • Only the statement of Akhlaq’s daughter has been recorded so far, with statements of his wife and son still awaited, according to the prosecution.
  • The case dates to a 2015 mob assault in Bisada over cow-slaughter rumours; police registered an FIR for murder and related offences and filed a chargesheet that year which did not specify beef because final forensics were pending.