​Why would some PIO be apprehending arrest just because he was accused of non supply of information ?

[karira]

Why would some PIO be apprehending arrest just because he was accused of non supply of information ?
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4738 of 2012
======================================================1. Lalan Ram S/O Sri Saryu Ram Resident Of Village- Rahathua, P.S.- Brahmpur, District- Buxar.... .... Petitioner/sVersus1. The State Of Bihar.... .... Opposite Party/s======================================================
Appearance :For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGHORAL ORDER02/ 16.02.2012

Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 409 of the Indian Penal Code.

The accusation is of non-supply of the information by the petitioner.

It is submitted by learned counsel for the petitioner that under Right to Information Act the petitioner has been punished and he deposited the fine and has also supplied the required the information. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dhansoi P.S. Case No. 106 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J.)

DKS/

[dr.s.malhotra]

Sponsorer

Dr. Prasanna had been advocating some time back such remedies by Applicants , but I had disagreed with him then . After reading this , it appears he had a valid point .

But the pleadings and Order both appear paradoxical .

[BIJAI]

Thank you Mr.Karira,I think this information is eye opener to some PIO

[Yogi M. P. Singh]

Hon'ble member. In view of your friend , before having discussion on the topic given by Hon'ble Sir, we should know the provisions of I.P.C. & Cr.P.C. applied in the case. Section 409 of I.P.C. is applicable for criminal breach of trust by public servant , under this section offender can be imprisoned for life or imprisonment for ten years and fine. Offence is cognigable, non bailable and triable by the magistrate of first class. Section 438 (1)of Cr.P.C quotes that when any person has reason to believe that he may be arrested on an accusation having committed a non-bailable offence, he may apply to High Court or court of session for a direction under this section, and that court may, if it thinks fit, direct that in the event of such arrest, be shall be released on bail. Section 438 (2) states that when the High Court or Court of Session makes a direction under subsection 1 , it may include such conditions in the light of facts of particular case, as it may think fit, including (i) a condition that the person shall make himself available for interogation by police officer as when required. (ii) a condition that the person shall not directly or indirectly, make any inducement. (iii) a condition that person shall not leave india without previous permission of court.

[harinder dhingra]

Re: ​Why would some PIO be apprehending arrest just because he was accused of non supply of information ?

I fail to understand who lodged the case under Section 409? The SIC, FAA or the applicant. This information is important as this could be eye opener for PIO's and shot in arm to RTI applicant.

harinder dhingra