The magistrate prematurely dismissed the complaint for lacking particulars and strayed into broader citizenship questions instead of deciding on an FIR.

New Delhi: A Delhi sessions court has set aside a magistrate's order that refused to direct a police probe into allegations surrounding the inclusion of senior Congress leader Sonia Gandhi in electoral rolls three years prior to her acquiring Indian citizenship.
Overturning the lower court's decision, the sessions court characterised the magistrate’s ruling as non-speaking and indicative of a non-application of judicial mind.
The court noted that the magistrate erred in law by prematurely dismissing the complaint as lacking in particulars.
It further observed that, rather than determining whether to direct the registration of a First Information Report (FIR), the magistrate's order strayed into broader questions regarding citizenship.
Remanding the case back to the magistrate, the sessions court directed that fresh arguments be heard and a reasoned, speaking order be issued in the matter.
PTI
Published: 21 Sept 2026, 03:07 pm IST
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