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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ashish Sharma – Appellant
Versus
Ashok Sharma – Respondent
| Table of Content |
|---|
| 1. lower courts dismissed ipc complaint on rti non-response. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner claims cognizable offences bypass sanction and rti bar. (Para 6 , 7) |
| 3. section 528 powers exercisable sparingly post-revision for injustice. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. rti section 23 bars court proceedings except internal appeals. (Para 15 , 16 , 17 , 18 , 19) |
| 5. petition dismissed due to rti act jurisdictional bar. (Para 20 , 21) |
Judgment :
Rakesh Kainthla, J.
The petitioner has filed the present petition under Section 528 of Bhartiya Nagrik Suraksha Sanhita (BNSS) for quashing and setting aside orders dated 27thMay 2025, passed by the learned Additional Sessions Judge (Forests), Shimla (learned Revisional Court), and 5th February 2024, passed by the learned Additional Chief Judicial Magistrate-1 (ACJM-1), Shimla. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court for the commission of offences punishable under Sections 166A, 420, 406 and 120 B
Criminal complaints over non-provision of information under RTI Act barred by Section 23 except via statutory appeals; high court inherent powers under Section 528 BNSS exercised sparingly post-revis....
Criminal complaints for non-supply of RTI information barred by Section 23 RTI Act; exclusive remedy via appeals. Inherent powers under Section 528 BNSS not invocable post-revision absent grave misca....
High Court’s inherent powers under BNSS Section 528 exercisable sparingly post-revision bar to prevent miscarriage of justice; quasi-judicial proceedings before human rights commission protected unde....
Point of law : Applications under Section 156(3) Cr.P.C. are now coming in torrent and thus exercise of the powers under Section 156(3) Cr.P.C. should be used sparingly and not in routine manner.
Presiding Officers of Labour Courts entitled to judicial immunity under Judges (Protection) Act against criminal proceedings for bona fide judicial acts; High Court inherent powers post-revision limi....
The High Court retains inherent powers under Section 482 of the Criminal Procedure Code to prevent miscarriages of justice, even when revisional powers are restricted by Section 397(3).
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