38.6c New Delhi, India, Saturday, April 13, 2024

Allahabad HC: Magistrate Does Not Have Right To Summon A Person Without Registering An FIR

By LawStreet News Network      12 January, 2020 02:01 PM      0 Comments
Allahabad HC: Magistrate Does Not Have Right To Summon A Person Without Registering An FIR

On 11th January, 2020, Allahabad HC has held that under no law can magistrate summon a person unless an FIR has been registered against him. Order in that respect was given by division bench of Justice Abhinav Upadhyay and Justice Ravinath Tilhuri

Facts of the case are as following.

The Additional Upper City Magistrate, Ghaziabad had passed an order dated 19th November, 2019 to summon the petitioner and to seek clarification. Magistrate had directed petitioner to appear before him on a complaint of cheating and use of casteist and abusive language. 

Advocate Ashish Kumar who appeared on behalf of Petitioner argued that petitioner had been wrongly and falsely implicated in the present case by the opposition. 

Order of the Magistrate was quashed by the HC. HC Bench had given permission to take appropriate action as per law. 

Author: Parth Thummar


Share this article:

User Avatar

Leave a feedback about this

Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM


Trending Judiciary
Very disturbed by latest trend of lawyers commenting on pending cases: CJI

Chief Justice of India urges lawyers to prioritize court and Constitution over political beliefs, expressing concern over trend of commenting on pending cases.

08 April, 2024 11:19 AM
Trending Judiciary
Court rejects plea for interim bail to BRS leader K Kavitha

Delhi court rejects interim bail plea for BRS leader K Kavitha in money laundering case related to Delhi liquor scam. ED opposes bail.

08 April, 2024 12:14 PM
Trending Judiciary
Centre questions growing tendency among States to approach SC for funds

The Centre questions the growing trend of states approaching the Supreme Court for funds, citing timing and advocating for resolution through dialogue.

08 April, 2024 03:58 PM
Trending Judiciary
SC notice to Centre on plea to safeguard interests of intersex children

Supreme Court issues notice to Centre on PIL for safeguarding intersex children's interests and regulating medical interventions. Details inside.

08 April, 2024 04:35 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email