Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ashish Sharma – Appellant
Versus
Ashok Sharma – Respondent
| Table of Content |
|---|
| 1. rti denial prompted criminal complaint dismissed by lower courts. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner alleges ipc offences in rti non-provision. (Para 6 , 7) |
| 3. inherent powers under section 482 exercisable sparingly post-revision. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. section 23 rti bars criminal proceedings on rti orders. (Para 15 , 16 , 17 , 18 , 19) |
| 5. consumer complaints barred by rti section 23. (Para 20 , 21) |
| 6. no miscarriage of justice; petition dismissed. (Para 22 , 23 , 24) |
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 27th May 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
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....
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....
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 Information Commission must inquire into complaints regarding misleading information under the RTI Act, ensuring compliance with statutory provisions.
Right to information – RBI is entitled to issue directions to petitioners/Banks to disclose information even with regard to individual customers of Bank.
Public authorities must provide clear reasons to justify the withholding of information under Section 8(1)(h) of the RTI Act based on how it impedes investigations; mere assertions are insufficient.
The State Information Commissioner must provide a reasoned order and ensure both parties are heard in RTI appeals, adhering to principles of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
