Continuation of criminal proceedings based on vague allegations, especially absent specific acts attributed to the accused, amounts to abuse of process, warranting quashing of charges.

JUDGMENT :

SHEKHAR KUMAR YADAV, J.

1. Heard Shree Sageer Ahmad, learned Senior Counsel assisted by Mr Navnath Pandey, learned counsel for the appellant, learned A.G.A. for the State of U.P. and perused the material available on record. It is further submitted by learned AGA that notice has been served upon the informant as per his record. Moreover, the informant has lodged the present FIR in his official capacity and hence there is no further requirement of issuing notice to the informant of the case.

2. The present criminal appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred assailing the impugned cognizance/summoning order dated 20.03.2023 passed by the Special Judge (SC/ST Act), Gautam Budh Nagar in Sessions Trial No. 364 of 2023 (State vs. Maloo & others), the charge-sheet dated 06.02.2023, and the entire criminal proceedings arising out of Case Crime No. 280 of 2022, under Sections 420 , 467, 468, 471, 384, 120- B IPC and Section 3(1)(f) of the SC/ST Act, Police Station Dadri, District Gautam Budh Nagar.

3. Encapsulated facts as per the First Information Report registered as Case Crime No. 280 of 2022, at Police Station Dadri, District Gautam Budh Nagar by Shri Pankaj Nirwal, Revenue Inspector, are that allegations have been levelled regarding alleged irregularities in allotment and subsequent transfer of agricultural land of village Chitahera, Tehsil Dadri. It is stated that in the year 1997, about 282 persons were granted pattas/leases of agricultural land by the competent authority, which were subsequently approved. Later on, complaints were received alleging that some allottees were ineligible and that land so allotted was transferred to private persons by execution of sale deeds through manipulation of revenue records and forged documents.

4. The FIR further alleges that certain persons, acting in connivance with others, committed forgery in revenue entries, showed enhancement of land area, and transferred land in violation of statutory provisions, thereby causing wrongful loss to the State exchequer and wrongful gain to the beneficiaries. It is also alleged that in some cases land meant for members of the Scheduled Caste community was alienated in contravention of law, resulting in invocation of Section 3(1)(f) of the SC/ST (Prevention of Atrocities) Act along with offences under Sections 420 , 467, 468, 471, 384 and 120-B IPC .

5. The FIR primarily rests upon old revenue records and inquiries relating to land allotments made more than two decades prior, and the allegations against the accused persons are broadly worded, without attributing specific overt acts, dates or individual transactions to each accused, the dispute essentially arising out of alleged civil and revenue irregularities over land transactions spanning several years.

6. Learned counsel for the appellant submits that the impugned cognizance/summoning order dated 20.03.2023 and the charge- sheet dated 06.02.2023, as well as the en