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‘Have you ever heard of a murder case being withdrawn?’: Court in Akhlaq lynching case

The court was hearing the UP government’s petition to withdraw all charges against the accused in the 2015 case. The next hearing is on December 18

3 min readNew DelhiUpdated: Dec 13, 2025 03:17 PM IST

The Surajpur fast-track court deferred the UP government's application to withdraw charges against 19 accused in the 2015 Akhlaq lynching case until December 18. (File)

A fast-track court in Surajpur Friday remarked whether a case of murder can be withdrawn in the middle of a trial. The observation came while the court was hearing the Uttar Pradesh government’s petition to withdraw all charges against the accused in the 2015 lynching of Mohammad Akhlaq.

The defence counsel asked that the hearing be held next month. The prosecution told Additional District Judge (ADJ) Saurabh Dwivedi that they wanted to file an objection against the state’s petition to withdraw the case. “This is not right and we want to argue,” the prosecution’s lawyer Yusuf Saifi told the court.

Hearing this, ADJ Dwivedi said, “If you want to argue the case, you can. Have you ever heard a case under IPC 302 being withdrawn. Get an application,” he said.

ADJ Dwivedi also asked both counsel to expedite the process of recording statements of all witnesses in court. “The mother is dead. And the wife has been ailing. We will record it soon,” Saifi told the court.

Following the application, the judge said the next hearing date will be on December 18.

The court had reserved the case for December 12 after the government moved the application to withdraw prosecution against the accused.

Akhlaq (50) was lynched by a mob over rumours of alleged cow slaughter and storing its meat at his home in Dadri’s Bisada village.

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On September 28, 2015, a mob gathered outside his house after an announcement from the village temple alleged that he had slaughtered a cow. Akhlaq and his son Danish, who tried to intervene, were dragged out of their home and assaulted until they fell unconscious. Akhlaq later died at a Noida hospital, while Danish survived after suffering severe head injuries and undergoing major surgery.

Police had registered an FIR at Jarcha police station under IPC sections 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, based on a complaint by Akhlaq’s wife, Ikraman.

Police filed the chargesheet on December 23, 2015, before the magistrate court in Surajpur, naming 15 people, including a minor, in connection with the lynching. However, the chargesheet did not specifically mention cow meat, as the final forensic report was not available at the time.

The case was taken up by the sessions court on February 9, 2016, and subsequently transferred to the fast-track court in April 2016. The statement of Akhlaq’s daughter, Shaista, was recorded on August 3, 2016, during the evidence stage of the trial.

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On October 15, this year, the UP government filed an application under Section 321 of the Criminal Procedure Code seeking to withdraw all charges against the accused, citing changes in witness statements and evidentiary issues.

The application by Brajesh Kumar Mishra, Joint Director Prosecution, Gautam Buddh Nagar, seeking to withdraw the case read: “Both the complainants and the accused are residents of the same village, Bisada… Despite that, the complainant (Akhlaq’s wife) and other witnesses (Akhlaq’s son and daughter) have changed the number of accused in their statements.”

Neetika Jha

Neetika Jha is a Correspondent with The Indian Express, based in the Noida bureau. She primarily covers crime, health, and environmental issues, as well as human-interest features across Noida, Ghaziabad, and Western Uttar Pradesh. Professional Profile Education: She is an alumna of the Asian College of Journalism (ACJ), Chennai. Core Beat: Her work focuses on the administrative and social challenges of the NCR's satellite cities. She is known for her detailed reporting on civic infrastructure (like the Noida International Airport), environmental violations, and high-profile criminal investigations. Personal Interests: Outside of reporting, she is an avid reader of fiction (citing The Thursday Murder Club and Yellowface as recent favorites) and a gardening enthusiast. Recent Notable Articles (Late 2025) Neetika’s recent reportage has been dominated by winter-related crises in the NCR and significant criminal legalities: 1. Environment & Public Safety "Greater Noida Authority slaps fines on firms for violating GRAP IV norms" (Dec 21, 2025): Reporting on heavy penalties imposed on major developers like NBCC for flouting anti-pollution construction bans. "Fatal pile-up on Yamuna Expressway: Fog, high speed emerge as key safety risks" (Dec 17, 2025): A major report on a 15-vehicle collision caused by dense fog that killed 17 people. "At Chilla, Kalindi, DND, many fined Rs 20,000 for non-compliance to Delhi's BS-VI rule" (Dec 19, 2025): On-the-ground reporting from the borders where Noida police penalize non-compliant vehicles entering the capital. "Driving in Noida amid fog? New speed limits in effect till Feb 15" (Dec 13, 2025): Detailing the seasonal traffic restrictions aimed at preventing highway accidents. 2. Crime & Legal Developments "'Have you ever heard of a murder case being withdrawn?': Court in Akhlaq lynching case" (Dec 12, 2025): Covering a critical courtroom hearing where the court questioned the UP government's petition to withdraw charges against the accused. "After losing money in stock market, bank employee in Ghaziabad withdraws Rs 64 lakh from customers' accounts" (Dec 14, 2025): An investigative piece on internal bank fraud and the risks of modern digital embezzlement. "Woman shot dead by partner in Noida: Three days on, accused still on the run" (Dec 2, 2025): Tracking a high-profile domestic violence and murder case in Central Noida. 3. Human Interest & Features "'Had tears in my eyes': Army men walk bride down the aisle 20 years after father died in terror attack" (Dec 2, 2025): A moving story about soldiers from a Punjab Grenadiers unit fulfilling a father's duty for his daughter. "How a Zepto delivery man heard a cry — and saved two kids dumped in Noida drain" (Dec 2025): A viral human-interest story highlighting individual heroism in the city. Signature Style Neetika is recognized for her meticulous follow-up on local tragedies. Whether it is a massive pile-up on the Yamuna Expressway or the ongoing construction of the Jewar (Noida) Airport, she focuses on systemic lapses and the safety of commuters. Her crime reporting often explores the psychological motives behind "crimes of passion" and the rising trend of financial cyber-fraud in the Ghaziabad-Noida belt. ... Read More

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