Special Judge Vishal Gogne quashed the magisterial court’s order as “non-speaking”. The order had dismissed a complaint filed by Advocate Vikas Tripathi, vice-president of the Central Delhi Court Bar Association of the Rouse Avenue courts.
“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 has been posted for further proceedings on September 29.
