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2022 Supreme(Cal) 1388

MOUSHUMI BHATTACHARYA
Mahendra Kumar Jain – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Kalyan Kumar Bandopadhyay, Probal Mukherjee, Anuj Singh, Ajoy Agarwal, Soumapriyo Chowdhury, Sanket Sarawgi, Arka Banerjee.
For the Respondents: Amitesh Banerjee, Tarak Karan, Pranab Kumar Dutta, Nilay Sengupta, Indranil Banerjee, Jaydip Kar, Sabyasachi Banerjee, Ayan Bhattacharya, Sujit Banerjee.

JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. The petitioner has challenged a Memo dated 11th March, 2022 issued by the Assistant Commissioner of Police (ACP) disclosing certain documents under The Right to Information Act, 2005, with reference to an ongoing police case. The documents in question are a series of WhatsApp chats between one Rashika Jain (since deceased) and Abhishek Padia from 26th November, 2014 -22nd July, 2019. The documents also include photographs of Rashika Jain and Abhishek Padia. The petitioner is the father of the deceased Rashika Jain and seeks a restraint on the disclosure of the WhatsApp chats between his late daughter and her friend Abhishek Padia.

2. The reference made above to an ongoing P.S. Case is relevant for a more complete appreciation of the concerns of the parties before the Court. The petitioner’s daughter Rashika Jain and Kushal Agarwal (son of respondents Naresh and Nilam Agarwal) were married on 9th February, 2020. Rashika Jain died on 16th February, 2021 under mysterious circumstances. The Jains and the Agarwals thereafter filed criminal proceedings against each other. The petitioner lodged a complaint with the Alipore P.S. on 17th February, 2021 a

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