A division bench comprising justices Krishna Murari and Akhilesh Chandra Sharma passed the order after the petitioners submitted their rejoinder in response to the state government's counter-affidavit filed on the previous date of hearing in the matter.
The petition has been filed by Gorakhpur residents Parvez Parwaz and Asad Hayat. Parwaz is the complainant in the FIR that was lodged in Gorakhpur after the riots took place while Hayat is one of the witnesses.
The petitioners have also "challenged the state government's stand of invoking Section 193 CrPC to refuse permission for prosecuting Yogi".
Yogi, who took over as the chief minister of the state in March, has been a five-time MP from Gorakhpur. He was named in the FIR along with the then city Mayor Anju Chaudhary and local MLA Radha Mohan Das Agrawal.