Lucknow, May 6 The Lucknow bench of the Allahabad High Court on Wednesday granted withdrawal of prosecution against BJP MLA Ram Chander Yadav, who was booked in connection with violence during an idol immersion procession in Ayodhya in 2012.
A bench of Justice Rajeev Singh passed the order on a petition filed by the MLA along with a criminal revision filed by the state government.
The court set aside the trial court's order dated December 16, 2022, and allowed the state's plea seeking withdrawal of prosecution.
According to the prosecution, on October 24, 2012, in the Rudauli area of Ayodhya, a crowd gathered during an idol immersion procession, leading to traffic congestion, flying of tempers between two communities, which got down to pelting each other. Several police personnel were injured in the clash.
An FIR lodged in the matter accused Yadav, who was then the local MLA, of instigating the crowd by making provocative statements.
In 2020, the BJP-led state government petitioned to withdraw prosecution, but the trial court rejected the application, prompting the parties to move the high court.
The high court observed that the public prosecutor had applied an independent mind and sought withdrawal in good faith and in the interest of justice. It also noted that the MLA's alleged involvement was primarily based on statements of co-accused persons.
The court said that withdrawal of prosecution can be permitted only when it serves the ends of justice and is not contrary to public policy or the administration of justice.
