Uttarakhand High Court
WPMS/966/2017 on 24 April, 2024
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
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WPMS No. 966 of 2017
Hon'ble Manoj Kumar Tiwari, J.
(1) Mr. Davesh Upreti, learned Amicus
Curiae for the petitioner.
(2) Mr. K.S. Bora, learned Deputy
Advocate General for the State of
Uttarakhand.
(3) Petitioner was convicted for the
offence punishable under Sections 302,
323, 504 & 498A of I.P.C. by learned
Sessions Judge, Pithoragarh in Session
Trial No. 17 of 2011 and sentenced to
life imprisonment.
(4) This petition has been filed by
petitioner through Superintendent of
District Jail Haridwar, seeking the
following relief:-
"It is, therefore, requested that a writ petition
to have an elaborate and appropriate reply to
RTI queries may kindly be get filed in the
Hon'ble High Court through my counsel and the
decision on my pending appeal CRLA-314/12
passed only after a through examination and
cross verification of facts as raised in RTI. Apart
from above, the details of other gross
irregularities took place in my case have already
been forwarded to your office separately
through an affidavit u/s 295 of CRPC from
District Jail Haridwar vide L/No.1389, dated
23.08.2016 for consideration please. It is also
requested to kindly consider granting me an
interim bail on my personal bond till a final
judgment arrives at on the matter as the
petitioner has already served 70 months in Jail
Custody please. Your incredible support is
solicited please."
(5) Learned State Counsel points out
that Criminal Appeal No. 314 of 2012
was dismissed by Division Bench of this
Court on 14.07.2017 and SLP, filed by
petitioner against the judgment of
Division Bench, was dismissed by
Hon'ble Supreme Court on 06.09.2021.
He thus submits that after dismissal of
appeal by Division Bench of this Court
and affirmation by Hon'ble Supreme
Court, cause of action does not survive
in the present writ petition.
(6) Learned State Counsel further
submits that petitioner has made an
application under Right to Information
Act, 2005 seeking 48 queries, which
were in the form of questionnaire. He
further submits that in view of provisions
contained in Sections 2(f) & 2(j) of Right
to Information Act, copies of the
documents available on record alone
could have been provided, while the
information sought by the petitioner was
in the form of 'question' and it was not
possible for the Public Information
Officer to answer those questions. He
further submits that such type of
information cannot be given, that too
when the criminal appeal filed by
petitioner was pending before this Court.
(7) This Court finds substance in the
submission made by learned State
Counsel. Since petitioner had sought his
release on interim bail, during pendency
of Criminal Appeal No. 314 of 2012,
which has been decided long back and
SLP has also been dismissed by Hon'ble
Supreme Court, therefore, the cause of
action do not survive to maintain this
writ petition.
(8) I have gone through the order
passed by the State Information
Commissioner. The State Information
Commissioner has given valid reasons
for not accepting the request made by
petitioner.
(9) In such view of the matter, writ
petition is dismissed. No order as to
costs.
(Manoj Kumar Tiwari, J.)
24.04.2024
Aswal
