Allahabad High Court Stays Summoning Order Against Vikarna Pratap Singh

Summoning order by Chief Judicial Magistrate criticized for non-application of mind; Court seeks explanation from Magistrate.

In a significant development, the Allahabad High Court (Lucknow Bench) has stayed a controversial summoning order against Vikarna Pratap Singh, which was earlier issued by the Chief Judicial Magistrate (CJM) of Hardoi under Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The order also included a charge sheet and entire proceedings of the Criminal Case No. 24449 of 2025, arising from Case Crime No. 0546 of 2024.

The bench, presided by Justice Indrajeet Shukla, observed that the CJM had passed the summoning order without proper application of mind, erroneously referencing the perusal of a postmortem report, which was not pertinent to the context of the case. The High Court emphasized that the procedural requirements under Section 356 of BNSS were not adhered to, and the order, therefore, lacked legal foundation.

The court's decision came after counsel for the applicant, Nadeem Murtaza and Parth Anand, argued that the CJM's order was fundamentally flawed due to its reliance on irrelevant documentation and for failing to follow the mandatory procedure outlined in Section 222 of the BNSS. The High Court has directed the Registrar (Compliance) to notify the concerned CJM of this order and to seek an explanation regarding the impugned summoning order.

Justice Shukla highlighted the necessity of strict adherence to procedural norms for instituting proceedings under Section 356, emphasizing that cognizance on a police report in such instances is impermissible. The High Court has granted the State and other respondents a four-week period to file a counter-affidavit, with the petitioner allowed two weeks for a rejoinder. The matter is scheduled for the next hearing on January 27, 2026.

This order marks an important instance of judicial accountability and underscores the High Court's commitment to ensuring that judicial orders are passed with due diligence and proper application of legal principles.

Bottom Line:

Summoning order passed without application of mind and contrary to the procedural requirements under Section 356 of BNSS, stayed by the High Court.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 356, 222, 528

Vikarna Pratap Singh v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc Id # 2818979