Dadri lynching: Akhlaq's family to challenge lower court order to file FIR against them

The lawyer representing Akhlaq's family today said that he will challenge the lower court order to file FIR against them in Allahabad High Court.

New Delhi: A day after, a local court in Greater Noida ordered filing of an FIR against the family of Mohammad Akhlaq, who was lynched by a mob for allegedly slaughtering a cow, his family said that they will challenge it in a higher court.

According to ANI, the lawyer representing Akhlaq's family today said that he will challenge the order of judicial magistrate court in Allahabad High Court.

An apeal against the lower court order will be filed in the High Court on Monday, he added.
The development comes a day after the lower court ordered that seven members of Akhlaq's family be booked under relevant sections of the IPC.

Notably, cow slaughter is banned in Uttar Pradesh.

The order from the lower court came after the accused in Akhlaq's murder approached it seeking FIR against Akhlaq's family in view of the Mathura forensic laboratory report that confirmed that the meat sample taken from the refrigerator in Akhlaq's house was beef and not that of goat, as suggested earlier.

SSP Dharmendra Yadav had earlier said a case will be registered against the family only if the charge that the meat found in Akhlaq's home was beef was found to be true.

"Judicial Magistrate Vijay Kumar acting on application moved under 156(3) CrPC for registration of a case, has ordered investigation and lodging of an FIR of cow slaughter against Akhlaq's family," said DSR Tripathi, Senior Prosecution Officer, as per PTI.

"On October 8, 2015, we had sent the copy of the complaint to SSP, DIG and other senior officials requesting that an FIR be lodged for cow slaughter against Akhlaq's family. Then we had moved an application before the judicial magistrate's court under CrPC 156(3) for issuing directions to police to lodge the FIR," said advocate BR Sharma.

Akhlaq, 52, was beaten to death and injured his son Danish after dragging them out of their home in Bishada village of Gautam Budh Nagar district on September 28, 2015 following rumours that he and his family had stored and consumed beef.

The issue had triggered a fierce debate over intolerance in the country.

A total of 19 persons are accused of lynching Akhlaq. Of these, one was given a clean chit by police and let off. Sixteen accused are still lodged in jail.

Reacting to the development, Sanjay Rana, the father of one of the accused, said, "The court has rightly ordered lodging of the FIR. The UP government was taking one-sided action. Now the court order has provided justice to other side too."

However, Jaan Mohammad, brother of Akhlaq, said the investigation should be fair.

(With Agency inputs)