'Tareekh Pe Tareekh!': Allahabad HC Hears 25-Year-Old Kidnapping Case, Says Delays Can't Define Justice System

Allahabad: The Lucknow Bench of the Allahabad High Court invoked Bollywood's famous courtroom phrase "Tareekh Pe Tareekh" to criticise the prolonged delay in a kidnapping case registered in 2001. The court stated that repeated adjournments should not become the defining feature of the criminal justice system.

The court made the observation while granting anticipatory bail to two accused in the case. The bail application was filed by Ajay Kumar, also known as Chingi, and Ram Chandra. The case was pending for around 24 years and seven months without reaching a conclusion.

According to the prosecution case recorded in the order, a man approached Payagpur police in Uttar Pradesh’s Bahraich district on December 30, 2001, alleging that his 15-year-old daughter had gone missing from their home on December 12.

The informant alleged that two villagers had seen Ajay Kumar, accompanied by Ram Chandra, persuading and taking the girl away. It was alleged that Ajay abducted her with Ram Chandra’s assistance and intended to marry her against her will.

The FIR also alleged that the girl had taken gold and silver ornaments and ₹1,000 in cash while leaving the house. A case was registered against the accused under Sections 363 and 366 of the Indian Penal Code, which covered kidnapping and abducting a woman to compel marriage.

Following its investigation, the police filed a chargesheet against the two accused on April 5, 2002. A magistrate subsequently took cognisance of the alleged offences and summoned them to face trial.

The accused approached the High Court in 2007 under Section 482 of the Code of Criminal Procedure, seeking the quashing of the proceedings. The High Court granted them interim protection while that application was pending.

However, neither the accused nor their lawyer appeared when the matter was subsequently listed. The High Court dismissed their application for non-prosecution, withdrew the interim protection and directed that its order be sent to the district and sessions judge concerned.

Despite this, the trial made no effective progress for a considerable period. The trial court eventually resumed the proceedings and issued bailable warrants against the accused on May 25, 2026, to secure their presence.

The accused then sought anticipatory bail from the High Court. Their lawyer argued that the girl had voluntarily accompanied Ajay because they were in a consensual relationship. The court was told that the two later married and were living together as husband and wife with their three children.

The Uttar Pradesh government opposed the anticipatory bail application but could not effectively dispute the assertions concerning the couple’s marriage and family.

Expressing concern over the delay, the High Court said a criminal case originating from a 2001 FIR had remained unresolved for more than two decades. It held that such an extraordinary delay was incompatible with the constitutional guarantee of a fair and speedy trial under Article 21.

The Allahabad High Court noted that the proceedings had remained dormant for years without meaningful progress.

“The oft-quoted expression that litigants receive nothing but ‘tareekh pe tareekh’ is not expected to become the hallmark of the criminal justice delivery system,” the court said, invoking actor Sunny Deol's passionate courtroom rant to protest against the endless delays in the legal system in the movie ‘Damini’.

While granting protection, the High Court considered that the accused had no previous criminal history, the police had already filed the chargesheet and they had undertaken to cooperate with the trial.

The court directed Ajay Kumar and Ram Chandra to surrender before the trial court within two weeks of receiving a certified copy of its order. It said they should be released on anticipatory bail after furnishing personal bonds and two sureties each to the trial court’s satisfaction.

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