Bombay High Court High Court

Sanjay vs The State Of Maharashtra on 2 August, 2010

Bombay High Court
Sanjay vs The State Of Maharashtra on 2 August, 2010
Bench: Shrihari P. Davare
                                            1

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY 




                                                                                 
                              BENCH AT AURANGABAD

                    CRIMINAL WRIT PETITION NO.574/2010




                                                         
     Sanjay s/o Shivaji Dhapse,
     age 39 years, Occ. Business,




                                                        
     R/o House No.1483, Vanjar Galli,
     Ahmednagar, 
     Tq. & Dist. Ahmednagar.                                        Petitioner




                                        
     V E R S U S 
                       
     1.    The State of Maharashtra.
                      
     2.    The Police Inspector,
           Tophkhana Police Station,
           Ahmednagar, 
           Tq. & Distict Ahmednagar.                                Respondents.
      


                                                 ----
   



     Shri S.M, Ganachari h/f Mr. Rajendrraa Deshmukh, Advocate for the 
     petitioner.
     Mrs. B. R. Khekale, learned APP for respondents.





                                                 -----
      
                                  CORAM          : SHRIHARI P. DAVARE, J.
                                  DATE           : 2nd AUGUST, 2010.





     ORAL JUDGMENT :-

1. Heard learned respective counsel for the parties.

2. Rule. Rule made returnable forthwith and with the

::: Downloaded on – 09/06/2013 16:13:49 :::
2

consent of parties, taken up for final hearing at the admission stage.

3. By the present petition, filed by the petitioner under

Article 227 of Constitution of India, pray that the impugned order

dated 16.2.2010 passed by learned Additional Sessions Judge,

Ahmednagar in Criminal Revision Application No.162/2009 as well as

impugned order dated 4.7.2009 passed by learned Chief Judicial

Magistrate Ahmendagar, in Criminal Miscellaneous Application No.

213/2009 be quashed and set aside.

4. The petitioner claims to be the Ahmednagar District Head

of All India Human Rights and Citizen Option and also is a Corporator,

had filed an application to the Hindustan Petroleum Corporation

Limited Chikalthana (henceforth referred to as ‘HPCL”) for getting

information under Right to Information Act, 2005 on 2.1.2009. The

petitioner contends that, he was asked by HPCL to send demand draft

of Rs.10/- on 13.1.2009. Accordingly the petitioner sent demand draft

of Rs.10/-, drawn on State Bank of India on 24.1.2009 to HPCL.

However, Senior Regional Manager and Central Public Information

Officer of HPCL informed the petitioner that said information was not

available on record as well as contended that since the information is in

respect of the commercial value of the company,same cannot be provided, by

::: Downloaded on – 09/06/2013 16:13:49 :::
3

communication dated 6.2.2009. Copy thereof is annexed at (Exh.A

page 18).

5. Hence, it is the contention of the petitioner that

considering the approach and attitude of HPCL, the petitioner felt that

HPCL has deliberately refused to give him the information and cheated

him, and therefore filed complaint with Tophkhana police Station,

Ahmednagar on 11.2.2009 and copy thereof is annexed at (Exh.’B’ page

20). However, since the police authorities did not take cognizance of

the said complaint, the petitioner filed Criminal Miscellaneous

Application No.213/2009 before learned Chief Judicial Magistrate,

Ahmednagar and prayed for issuance of directions under section 156

(3) of Code of Criminal Procedure on 1.4.2009 and learned Chief

Judicial Magistrate issued show cause notice to the non applicants,

why directions sought by the applicant should not be issued, by order

dated 15.5.2009 and copy thereof is annexed at (Exh.C collectively

page 22 to 25). However, after hearing both parties, learned Chief

Judicial Magistrate Ahmednagar rejected the said application by

passing order on 4.7.2009 and copy thereof is annexed at (Exh.C colly.

Page 26 and 27).

6. Being aggrieved and dis-satisfied by the said order, dated

::: Downloaded on – 09/06/2013 16:13:49 :::
4

4.7.2009 the petitioner preferred a Criminal Revision Application No.

162/2009 before learned Additional Sessions Judge, Ahmednagar on

18.9.2009 and learned Additional Sessions Judge, Ahmednagar issued

notice to the respondents therein on 29.9.2009. The

prosecution/respondent filed its say in the said revision on 18.1.2010

and submitted that said revision be dismissed since not maintainable.

However, learned Additional Sessions Judge, Ahmednagar dismissed

said revision by passing order on 16.2.2010 and copy thereof is

annexed at (Exh.’D’ colly page 28 to 38).

7. Being aggrieved and dissatisfied by both said impugned

orders, dated 4/7/2009 passed by learned Chief Judicial Magistrate,

Ahmednagar and order dated 16.2.2010 passed by learned Additional

Sessions Judge, Ahmednagar, the petitioner has preferred present

petition under Article 227 of the Constitution of India and prayed for

the quashment of both the said impugned orders.

8. After hearing rival submissions advanced by both learned

respective counsel for the parties, the controversy revolves around the

aspect that “Whether the remedy is available to the petitioner under

the provisions of Right to Information Act, upon refusal of information

sought as of right ?” Learned APP pointed out that since the matter

::: Downloaded on – 09/06/2013 16:13:49 :::
5

comes under Right to Information Act and since the applicant has

grievance regarding non supply of certain documents/information, he

has remedy available to approach to higher authority in the appeal and

he could have availed such remedy but inspite of taking recourse to the

said forum available to him, he filed complaint with the police station

and thereafter approached to the Court by way of Criminal

Miscellaneous Application No.213/2009 and therefore learned Chief

Judicial Magistrate Ahmednagar rightly rejected said application and

consequently learned Additional Sessions Judge, Ahmednagar rightly

dismissed Criminal Revision application preferred against the said

order.

9. Considering the facts and circumstances, apparently, it

appears that, subject matter is within the purview of Right To

Information Act, 2005 and statutory remedy is available to the

petitioner thereunder upon refusal of the information sought as of

right and petitioner may avail such remedy, if he desires so, and

therefore, no interference is called for in the aforesaid impugned orders

dated 4.7.2009 and 16.2.2010, and accordingly, present petition

deserves to be dismissed.

::: Downloaded on – 09/06/2013 16:13:49 :::
6

10. In the result, present petition stands dismissed. Rule

stands discharged accordingly.





                                                       
                                                      
                                                   ( SHRIHARI P. DAVARE, J. )



     aaa/574.10                                  ***




                                        
                      
                     
      
   






                                                       ::: Downloaded on - 09/06/2013 16:13:49 :::