xxxx vs State Of Kerala, Represented By Home Secretary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 1104

A. BADHARUDEEN
xxxx – Appellant
Versus
State Of Kerala, Represented By Home Secretary – Respondent

Advocates Appeared:
For the Petitioners: Muhammed Firdouz A.V., M.P. Shameem Ahamed, Libin Varghese, Akhil Philip Manithottiyil, A.H. Sincey
For the Respondents: Special Public Prosecutor Sri. P. Narayanan.

JUDGMENT :

(A. Badharudeen, J.)

This petition has been filed under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS' hereinafter), and the prayers are hereunder:

1. It is prayed to issue a writ of mandamus or such other Writ or direction to the Respondent No.4 to Register an FIR on the information received which contained cognizable offense as Exhibit P3 Document and conduct Investigation.

2. The Petitioner No.2 respectfully prays that the Honorable Court directs the Respondents No.1&3 to comply with the Supreme Court's directions regarding the procedure for recording statements and registering an FIR. Specifically, prayed to order the respondents to:

a. Register an FIR immediately upon receiving a complaint related to a cognizable offense, in accordance with the law and the guidelines established by the Supreme Court.

b. Summon the witness for statement collection only after the FIR is registered and not before, ensuring due process and preventing any harassment of the witnesses.

3. The Petitioner respectfully prays before this Honorable Court to declare that the immunity provided under Section 175(4) of BNSS shall not extend to crimes committed