Chin Raj Ilaiah v. The State of Telangana
Case brief
What is this about?
1. Petitioners challenged the action of Respondent Officers No.4 and 5 in connection with an FIR where they claimed, though they were not named as accused, apprehending arrest. 2. The Court held that under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a notice under the specific subsection can only be issued by the Respondent if the petitioners are already accused or arrayed as such in the relevant First Information Report (FIR). 3. Accordingly, the Court refused to entertain the request for a stay as long as the petitioners are not accorded the status of accused in the FIR. 4. However, the Court directed that if the petitioners are subsequently included in the FIR or arrayed as accused in any subsequent proceedings, the Respondents shall strictly follow the due process of law as mandated by Section 35 of the BNSS. 5. The writ petition was disposed of without any order as to costs.