Court rules continuation of proceedings as abuse of judicial process due to vague allegations and excessive delay
In a significant decision, the Allahabad High Court has quashed criminal proceedings against Maloo, the appellant, in a case concerning alleged irregularities in land allotments dating back to 1997. The proceedings, initiated under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and various sections of the Indian Penal Code, were deemed an abuse of judicial process due to their reliance on vague and general allegations, as well as an unexplained delay of over two decades.
The case originated from a First Information Report (FIR) lodged by a Revenue Inspector, Pankaj Nirwal, in 2022, accusing several individuals of manipulating revenue records and executing fraudulent land transfers. However, the court found that the allegations did not specify any individual roles or acts attributable to Maloo, who was not named in the original FIR.
Justice Shekhar Kumar Yadav highlighted that the allegations were mainly civil and revenue in nature, and criminal proceedings were unjustified given the absence of specific material against Maloo. The court emphasized that the invocation of the SC/ST Act was inappropriate as the allegations did not indicate any act committed on the ground of the victim's caste.
The court's decision also pointed out significant flaws in the investigation, including the inclusion of deceased persons as prosecution witnesses, which further undermined the credibility of the prosecution's case. This decision draws from precedents set by the Supreme Court, which discourage the use of criminal law to settle civil disputes and require careful judicial scrutiny before summoning an accused.
In light of these observations, the court concluded that continuing the proceedings would constitute a miscarriage of justice, thereby quashing the charges against Maloo and other related criminal proceedings.
Bottom Line:
Criminal proceedings based on vague and omnibus allegations regarding old land allotments and revenue disputes, initiated after an unexplained delay of over two decades, amount to abuse of judicial process and are liable to be quashed.
Statutory provision(s): Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3(1)(f); Indian Penal Code, 1860, Sections 420, 467, 468, 471, 384, 120B.
Maloo v. State of U.P., (Allahabad) : Law Finder Doc Id # 2825709
