RTI Applicant seeks anticipatory bail

[karira]

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11736 of 2012 ======================================================
Pradeep Kumar Jaiswal @ Bhuwal Jee.... .... Petitioner/s
Versus
The State Of Bihar.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGHORAL ORDER2 06-04-2012

Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 353, 504 and 506/34 of the Indian Penal Code.The accusation is of misbehaving with the Head Clerk and with the Typist and obstructing them in official duty. It is submitted that the petitioner went to file memo of appeal under Right to Information Act, which was not accepted and the case has been lodged.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned Chief Judicial Magistrate, Buxar in 2 Patna High Court Cr.Misc. No.11736 of 2012 (2) dt.06-04-2012 2/2connection with Buxar Town P.S. Case No. 37 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J)Anil/-

[Yogi M. P. Singh]

Sponsorer

Hon'ble members. Who misbehaved? Poor information seeker who had gone to file appeal memorandum. Here clerk/typist is more guilty by not receiving the appeal memorandum wilfully while to receive the memorandum was his obligatory duty. Why Hon'ble justice did not consider the lacuna on the part of clerk? In view of your friend, respected information seeker may lodge an F.I.R. in the concerned police station under appropriate section against the clerk and his boss as hatched conspiracy to fabricate false case under various sections of I.P.C. against information seeker so that information disclosure may be avoided and may not be exposed before the public. They are trying to show that respected information seeker is short tempered but ipsofacto obvious that no any one can hard talk for submitting appeal memorandum because that can be sent through registered post. Corrupt bureaucrats can use such tricks so Hon'ble information seekers must be careful and vigilent to foil such malicious efforts.

[digal]

Dear Members,
U/S 21 of the ACT, the applicant has immunity against suit or proceedings in the ACT itself.. {No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.}, provided it is in good faith.
The RTI applicant went to file appeal, as mentioned in the order of hon'ble justice.
As FAA is not accountable under the ACT, there was no need to go to file appeal, when that can be done through post.
Had that been for PIO, he would have invited punishment.

[m_deka]

My opinion is that RTI applicant should meet the PIO/ FAA only at the place of Commission if the matter goes up to that level. which I do. unnecessary argument can be avoided by refusing personal visit to PIO/ FAA.