The Allahabad High Court has quashed a criminal case, including charges under the SC/ST (Prevention of Atrocities) Act, linked to alleged irregularities in land allotments made more than 20 years ago.

Allowing the criminal appeal, Justice Shekhar Kumar Yadav held that simply referring to land belonging to a Scheduled Caste or mentioning the caste of the informant is not enough to invoke the SC/ST Act. The court found that the dispute was essentially civil and revenue-related, and that giving it a criminal colour amounted to misuse of the law.

The High Court set aside the summoning and cognisance order passed on March 20, 2023, along with the charge sheet and all proceedings arising from a 2022 FIR lodged at Dadri police station in Gautam Buddha Nagar. The FIR had invoked Section 3(1)(f) of the SC/ST Act along with several IPC provisions.

Justice Yadav noted that neither the FIR nor the charge sheet alleged that the accused acted because the victim belonged to a Scheduled Caste or Scheduled Tribe — a mandatory requirement under the Act. Citing Supreme Court rulings, the court reiterated that a mere reference to caste or SC land does not attract the provisions of the special law.

The court also flagged the unexplained delay of over two decades in filing the FIR and pointed out that no specific role or overt act had been attributed to the appellant. It observed that none of the witnesses claimed the alleged acts were committed on caste grounds, which is essential for invoking the SC/ST Act.

Serious flaws in the investigation were also highlighted, including the inclusion of deceased persons as prosecution witnesses. The court said such lapses showed clear non-application of mind and rendered the investigation legally untenable. It further noted that the summoning order had been passed in a routine manner, without recording satisfaction regarding the existence of prima facie material.

Taking note that similarly placed co-accused had already been granted relief and that no distinguishing factor was shown against the appellant, the High Court concluded that continuing the proceedings would amount to an abuse of the process of law.

Holding that the invocation of the SC/ST Act was wholly unsustainable in the facts of the case, the court quashed the criminal proceedings in their entirety.