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To curb ‘Tareekh Pe Tareekh’ culture, Allahabad HC directs magistrate to pass order in 1 week

To curb ‘Tareekh Pe Tareekh’ culture, Allahabad HC directs magistrate to pass order in 1 week

The Allahabad High Court recently directed a Magistrate to pass an appropriate order under Section 203 or 204 CrPC (as the case may be) in a complaint case pending in Ballia Court for the last 7 years.

Bench with Justice Saurabh Shyam Shamsheri observed that such an instruction had been given to the Magistrate concerned to ensure the goals of justice and curb the culture of “Tareekh Pe Tareekh”.

…to ensure the goals of justice and tame the cultureтатаррых papa ततार्रीख invoke the inherent powers of this Court and this application is disposed of with a direction that on the next appointed day the learned Magistrate will hear the arguments of the learned counsel for the applicant and within a week thereafter pass an appropriate order i.e. under Sections 203 or 204 Cr.P.C. as the case may be“, the court decision says.

The court passed this order on an application filed by Anjani Kumar Yadav under Section 482 CrPC to direct the Magistrate concerned to dispose of the case filed by him in 2017 and pending in the Court of Civil Judge (Senior Division)/Fast Track Court, Balia.

In substance, the petitioner (complainant) filed an application under Section 156 (3) CrPC on 24th April, 2017, but till now no order has been passed either under Section 203 or 204 CrPC, as the case may be.

The court was told that the case had been listed for more than 50 dates since the complaint was filed. However, this has not yet been decided.

It was also pointed out that the complainant’s statement under Section 200 of the CrPC was recorded on October 18, 2021 after more than four years of filing the complaint.

The court also noted that the statement of witness 1 (PW-1) was recorded on 15 October 2022 and the statement of witness 2 (PW-2) was recorded on 9 January 2024, more than a year later.

Thereafter, despite the fact that the case was listed several times and the applicant’s counsel did not seek an adjournment, no orders were passed in the appeal.

Determining it as a “travesty of justice”, the court issued the above order to the Magistrate concerned. The single judge further directed the district judge concerned to file a compliance report and a report as to why there was huge delay in the case.

Advocate Satyendra Kumar Pandey appeared for the petitioner

The name of the case is Anjani Kumar Yadav vs. State of UP and another

Case citation:

Click here to read/download the order