Allahabad HC allows withdrawal of 2012 riot case against BJP MLA Ram Chander Yadav

The Lucknow bench of the Allahabad High Court on Wednesday permitted withdrawal of prosecution against BJP (Bharatiya Janata Party) MLA Ram Chander Yadav in a 2012 case linked to violence during an idol immersion procession in Ayodhya.

A bench of Justice Rajeev Singh allowed petitions filed by the BJP legislator and the Uttar Pradesh government, and quashed a lower court order passed on 16 December 2022 which had rejected the plea for withdrawal of prosecution.

According to the prosecution case, violence broke out on 24 October 2012 in the Rudauli area of Ayodhya during an idol immersion procession after tensions escalated between two groups amid heavy congestion in the area. Police had alleged that members of the two communities pelted stones at each other during the clash, resulting in injuries to several police personnel.

An FIR registered in the matter accused Ram Chander Yadav, who was then the local MLA, of allegedly provoking the crowd through inflammatory remarks.

The Uttar Pradesh government, led by the BJP, moved an application in 2020 seeking withdrawal of prosecution in the case. However, the trial court rejected the plea in 2022, following which the matter reached the high court.

While allowing the withdrawal application, the high court observed that the public prosecutor had independently examined the matter and sought withdrawal in “good faith” and in the interest of justice.

The court also noted that the allegations against the MLA were largely based on statements made by co-accused persons during the investigation.

The bench observed that withdrawal of prosecution could only be permitted when it advances the ends of justice and does not run contrary to public policy or the administration of justice.