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2026 Supreme(Online)(Tel) 24348
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Tangirala Madhavi Devi, J
P. Rajgopal – Appellant
Versus
The State of Telangana – Respondent
W.P.NO. 26326 OF 2026
Important Points
Subject
Criminal Law - Criminal Procedure
Act Referred
Headnote
(B) Due Process - Coercive Action - Authorities are prohibited from taking coercive steps against an individual without a legal basis and strict adherence to the due process of law. (Para 5)
Issues: Whether a notice issued to a social media platform for user information is valid when the individual is not named as an accused in the relevant FIR.
For the Appellants/Petitioners:
For the Respondents:
| Table of Content |
|---|
| 1. challenge to the legality of a notice seeking user data from a social media platform. (Para 1 , 2 , 3) |
| 2. absence of the petitioner's name in the fir renders the notice baseless. (Para 4) |
| 3. quashing of baseless notices and protection against coercive action without due process. (Para 5 , 6 , 7) |
ORDER
Challenging the notice issued under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, addressed to X (formerly Twitter), seeking the petitioner’s basic user information, registration details, linked mobile number, linked e-mail ID particulars of devices used/lodged in and IP Logs in connection with Crime No.404 of 2026 of Falaknuma Police station, Hyderabad, on the ground that there is an attempt to murder case relating to the person referred to therein, this writ petition has been filed.
2. The learned counsel for the petitioner submits that the details of the Twitter account of the petitioner are already mentioned in the impugned notice and therefore there was no point in requesting Twitter to furnish further details. It is further submitted that Crime No.404/2026, dated 30.07.2026, mentioned in the notice does not refer to the name of the petitioner as an accused and therefore, he apprehends that the respondents are trying to implicate the petitioner in the said crime without any basis.
3. The learned Assistant Government Pleader for Home is also heard, who opposed the above prayer.
4. On going through the recitals in FIR No.404/2026, dated 30.07.2026 filed along with the writ petition, this Court finds that there is no reference to the petitioner in any way and is therefore of the prima facie opinion that there is no basis for the issuance of the notice under Section 94 of BNSS to X (Twitter).
5. In view thereof, the impugned notice is set aside in so far as observing that the petitioner is involved in Crime No.404 of 2026. The respondents are therefore directed not to take any coercive steps against the petitioner without any basis for the same and without following due process of law.
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
7. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
