A Delhi Court on Monday set aside a magisterial court order refusing to order FIR against Congress leader Sonia Gandhi for getting her name added in the electoral rolls of 1980, three years before getting Indian citizenship, allegedly by using forged documents, according to Live Law.
Special Judge Vishal Gogne of Dwarka Courts said that the order was a complete non speaking order, lacking appropriate reasons.
The Court remanded the matter back to the ACJM Court, and directed that a speaking order be passed after hearing the parties, conducting an inquiry and hearing the police officer concerned.
"The impugned order suffers from a manifest error in law on account of non-compliance with Section 175(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS), inter alia, not hearing the submissions of the police officer concerned and non-calling of a status report from the police station concerned," the judge said.
He said the "non-speaking" nature of the order was evident as the magistrate did not consider the twin options under law; directing registration of FIR or alternatively, conducting proceedings under BNSS.
The judge said that the magistrate, instead of considering the core aspect of whether the complaint disclosed commission of a cognisable offence, digressed towards the issue of citizenship.
The court remanded the matter back to the magistrate to pass a reasoned order after hearing fresh arguments.
The matter will be listed before the ACJM on September 29.
The revision petition was filed by Vikas Tripathi, who has alleged that Sonia Gandhi’s name was included in the voter list before she acquired Indian citizenship. He is seeking registration of an FIR in the matter.
Tripathi’s application seeking registration of an FIR was earlier dismissed by the magistrate court, following which he approached the sessions court challenging the order through a revision petition.
(With inputs from PTI)
