A special court here on Thursday set aside the summons issued by a magistrate to West Bengal Chief Minister Mamata Banerjee in a case pertaining to alleged disrespect to the national anthem.

Noting the magistrate didn't follow the mandatory provisions, Special judge R N Rokade, after hearing both the sides, set aside the summons and asked the magistrate to proceed with the case from the stage of verification (of the complainant).

The special judge directed the magistrate to give fresh consideration on the issuance of process against Banerjee.

Vivekanand Gupta, a functionary of the Mumbai unit of Bharatiya Janata Party, had approached the magistrate court with a complaint claiming the WB CM did not stand while the national anthem was being played at an event during her visit to Mumbai in December 2021.

Gupta had sought the registration of a First Information Report (FIR) against Banerjee under the Prevention of Insults to National Honour Act.

Taking cognizance of Gupta's complaint, the magistrate court had issued summons to Banerjee, who moved a review petition before the special court against it.

Banerjee's lawyer had earlier told court no sanction, mandatory under the Code of Criminal Procedure to prosecute a government servant, was taken.

However, Additional Public Prosecutor Sumesh Panjwani had argued Banerjee's visit was political and not official and, hence, no sanction was required.

After hearing both the sides, the judge allowed Banerjee's plea.