One must concede that it is most refreshing, most reassuring and so also most reinvigorating to learn that while catching the bull by the horns, a fast track court in Surajpur under Gautambuddha Nagar district in Uttar Pradesh in a latest, learned, laudable, landmark and logical judgment titled State vs Rupendra and Others in Criminal Case No. 148/2016 and 241/2015 that was pronounced recently on December 23, 2025 has rejected the Uttar Pradesh State Government’s strange plea after nearly a decade to withdraw the prosecution case against the men accused of lynching Mohammad Akhlaq in 2015.
It must be noted that the Additional District Judge Hon’ble Mr Saurabh Dwivedi who authored this most commendable judgment while catching the bull by the horns dismissed outright the application plea of the Uttar Pradesh State government that had been filed by the Public Prosecutor under Section 321 of the CrPC which had urged the Court to drop the criminal charges against the 14-surviving accused out of 15 who had killed Mohammad Akhlaq calling the plea “legally unsound, irrelevant and baseless”. The court observed that the plea moved by the prosecution lacked merit and was without any solid legal basis. One of the accused had passed away in 2016.
Interestingly enough, it is most heart warming to note that the ADJ Hon’ble Mr Saurabh Dwivedi who is hearing the matter also directed specifically that the case be categorized as “very important” and affixing a sticker to it and heard on a daily basis which is the crying need of the hour also! The Court instructed the prosecution to proceed with recording statements of witnesses. The Court also directed the Police Commissioner and the Deputy Commissioner of Police (Greater Noida) to provide adequate security to witnesses, if required.
It is high time now and Centre must definitely amend penal laws and put a complete ban on withdrawal of serious charges of rape, murder etc against the accused on one pretext or the other! This withdrawal of charges makes a complete mockery of the rule of law of the land and so also of the famous dictum that, “Be you ever so high, the law is above you”! This open mockery of our law and of the prevailing legal system under no circumstances should ever be allowed! The Judge also in this leading case said that the State prosecutes such cases so that the fear of law and order is maintained in society! Absolutely right!
By any reckoning, those who commit heinous crime must face the law of the land and not allowed to get away easily on one pretext or the other as we see so very often which sets a very bad and dangerous precedent that having political connections can save you from being punished even after committing the most heinous crimes with impunity! How can this be ever allowed or justified? Will it not encourage criminals more? What precedent is being set by doing so?
It is also most rejuvenating to learn that the ADJ Hon’ble Mr Saurabh Dwivedi has ordered daily hearings instead to speed up the trial which has been crawling for so many years without any concrete progress in this leading case! What adds icing to the cake is that the Judge also firmly asked the Noida Police Commissioner and Greater Noida DCP to ensure that all evidence is safeguarded. While citing the gravity of the crime, the Judge minced absolutely just no words whatsoever to observe that murder is a serious offence committed against society and it is for this reason that the State prosecutes such cases so that the fear of law and order is maintained in society.
To recapitulate, Mohammad Akhlaq aged 52 years who was an ironsmith on the evening of September 28, 2015 was accused by one of his neighbours of stealing and slaughtering his missing calf at Bisahda village near NTPC Dadri in Gautam Buddha Nagar district (Greater Noida) in Western Uttar Pradesh. Soon a crowd gathered and most vehemently insisted on searching his houses for traces of slaughter which was refused by family. This precipitated matters and soon things took a very ugly turn when two boys used the local temple’s public address system and announced clearly and loudly that the family of Akhlaq had slaughtered the cow calf and consumed its meat on Eid-ul-Adha. This rumour further aggravated matters and took things from bad to worse.
By the way, things finally went from worse to worst when mob carrying sticks arrived at Akhlaq’s house at around 10:30 p.m. that evening on September 28, 2015 and began chanting slogans and shouting. The family of Akhlaq had just finished dinner and were about to go to sleep while Akhlaq himself and his 22-year-old son Danish were already asleep. The mob woke them up and accused them of consuming beef.
It must be noted that the mob found some meat in the refrigerator and seized it but the family insisted that it was mutton and not cow meat. However, the frenzy mob became uncontrolled, went berserk and proceeded to drag the entire family outside. Most unfortunately, Akhlaq and Danish were repeatedly kicked, hit with bricks and stabbed.
It is worth paying attention that the Akhlaq’s family neighbours tried to stop the mob but were not able to. What compounded matters further was that the police was called but it did not come on time and arrived an hour later. By the time police came, Akhlaq was dead and Danish who was his son was also assaulted and got badly injured but later survived after undergoing two head surgeries.
It would be pertinent to mention that the mob was led by Vishal Rana who is the son of a local BJP leader and cousin Shivam who dragged Akhlaq and his son Danish out of their home and assaulted them until they fell unconscious. We need to note that while Akhlaq had died at a Noida hospital while undergoing treatment, Danish survived after suffering head injuries and undergoing major surgery. It cannot be lost sight of that this infamous lynching had led to nationwide protests that involved slogans like “Not in my name” to denounce the spike in the Hindutva mob violence that particularly targeted Muslims. What was most distressing to note was that despite nationwide outrage, all the 15 accused were released on bail by September 2017.
It would be instructive to note that the police had registered an FIR at Jarcha police station under various Sections of the Indian Penal Code (IPC) 302 (murder), 307 (attempt to murder), 147 (rioting), 148 (rioting with deadly weapon), 149 (unlawful assembly), 323 (assault), 504 (intentional insult to disturb peace) among others that was based on a complaint that had been lodged by Akhlaq’s wife – Ikraman. It must be recalled that the Uttar Pradesh State police had filed the charge sheet on December 23, 2015 before the Magistrate court in Surajpur naming 15 people including a minor in connection with this infamous lynching. However, the charge sheet had not specifically mentioned cow meat as the final forensic report was not available at the time.
It would be worthwhile to note that during the investigation, the police had recorded the statements from key eyewitnesses which includes Akhlaq’s wife Ikraman, his mother Asghari, his daughter Shahista and his son Danish who himself was badly injured! It is a matter of deep regret that most unfortunately we see that all the accused are currently out on bail. The primary reason for this is weak prosecution which makes for most depressing reading in itself and State which had earlier opposed bail for accused now has attempted to withdraw the case which definitely cannot be ever justified anyhow or somehow!
It must be noted that the District Court had held that such inconsistencies were inherent in eyewitness narratives of large-scale violence and could not, by themselves, justify extinguishing criminal proceedings at a stage where evidence was yet to be tested through cross-examination and trial. The Court also underscored that witnesses must be able to depose freely and without fear underlining that a fair and fearless atmosphere is essential for the delivery of justice. No denying or disputing it!
We witnessed how on 15 October 2025, the UP government had filed a withdrawal application in the court citing inconsistent statements by Mohammad Akhlaq’s kin in naming the accused and the fact that no firearm or sharp weapon was recovered from the accused and the lack of any enmity or hostility recorded between the accused and the victim. The Court not only rejected the State’s application but also directed the prosecution to record evidence in this leading case at the earliest. It would be vital to note that this notable case will be heard next on January 6 which is not very far away!
It is worth mentioning that a forensic report in May 2016 had said that the meat which was found in Akhlaq’s home was that of a cow or its progeny. It cannot be glossed over that the police then had clearly said that the forensic report “does not diminish the case as murder is an offence”. The application that had been made before the Trial Court by the UP government had said that the State government has the written approval of the Governor and reiterated that the meat that was found was identified to be beef.
For the sake of argument, even if we presume that the meat was beef, it can in no way ever justify or condone the brutal murder of a human being and the murder charges cannot be ever withdrawn as was conceded even by the Additional District Judge – Hon’ble Mr Saurabh Dwivedi in this leading cases! Very rightly so! A murder is a murder and has to be most strictly punished and accused cannot hide shamelessly behind any pretext to justify it!
This alone explains why in this leading case, the sitting Additional District Judge – Hon’ble Mr Saurabh Dwivedi while citing the gravity of the crime observed clearly that murder is a serious offence committed against society and it is for this reason that the State prosecutes such cases so that the fear of law and order is maintained in society and most laudably cited the leading case of RS Naik vs AR Antulay 1984(2) SCC 500. While rejecting the State’s plea to withdraw murder case, the Judge maintained explicitly that the petition filed under Section 321 of the Code of Criminal Procedure was devoid of merit and unsupported by the evidentiary record. Notably, in October 2025, the UP State government’s counsel had argued in court pleading that withdrawing the case would restore communal harmony. This is absolutely ludicrous and most reprehensible and most commendably was rejected by the Court in this leading case!
How can a crime be ever justified and that too ghastly murder by many persons together as a mob and yet get away easily without being punished for it? Senior CPI(M) leader Brinda Karat said: “We welcome the judgment… The court has rejected the UP government affidavit to withdraw the case of mob lynching and murder and attempt to murder against the accused. The judgment is a big step for justice.”
It is high time and more than a decade has expired since the proceedings of this leading case had started and the case must be now pursued to its logical conclusion! It merits just no reiteration that the offenders must definitely be brought to book and sent to the gallows or jailed for life if found guilty and there is no question of withdrawing case against them as was held by the Judge in this leading case also! This particular ghastly crime ultimately culminated in a huge spike in mob lynching cases!
At the cost of repetition, it must be said that mob violence or any crime of killing any innocent person cannot be allowed to be ever excused or erased or go unpunished by the ruling dispensation on one pretext or the other! It is incumbent that to send a loud and clear message to one and all that those who commit crime cannot ever escape unpunished there should be no permission ever to withdraw a heinous case of murder or rape or terror act to be withdrawn most astoundingly on one pretext or the other at the request of the State Government or anyone else! No denying it! This is exactly the underlying message in this leading case also!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh
