Charge-sheeted applicant sought direction under Section 482 CrPC to obtain an inquiry report. The court held the remedy lay under the Right to Information Act, 2005, found the prayer misconceived and dismissed the application.
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Neutral Citation No. - 2024:AHC:137003
Court No. - 77
Case :- APPLICATION U/S 482 No. - 14968 of 2024
Applicant :- Pramod A.R. Nimesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahabir Yadav,Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Narendra Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State.
Perused the record.
Applicant-Pramod A.R. Nimesh, who is a charge-sheeted accused, has approached this Court by means of present application under Section 482 CrPC with the following relief :
"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and direct the Opposite parties to provide the inquiry report, to the applicant in pursuance of letter sent by Opposite Party No.3 by his letter No. M/3-CA-13/2021/3182 dated 04.09.2021 the letter dated sent by Director of Police Meerut Division Meerut for disposal of complaint filed by applicant."
At the very outset, the learned A.G.A. submits that no proceedings are pending at the behest of the applicant or against applicant before court below. Therefore, in view of the nature of the prayer prayed for by means of present application, remedy lies to the applicant to approach the competent authority under the Right to Information Act, 2005. As such, the prayer prayed for by means of present applicant is misconceived. The present application is liable to be dismissed by this Court.
When confronted with above, the learned counsel for applicant could not overcome the same.
Having heard the learned counsel for applicant, the learned A.G.A. for State, and upon perusal of record this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is born out from the record. The prayer made by means of present application is misconceived, inasmuch as, copy of the document as desired by the applicant can easily be obtained under the Right to Information Act. In view of above, no good ground exists to entertain this application.
As a result, the present application under Section 482 CrPC
fails and is liable to be dismissed.
It is, accordingly, dismissed .
Order Date :- 27.8.2024. Rks.
Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether a Section 482 CrPC application lies to direct supply of an inquiry report when remedy exists under the Right to Information Act, 2005.
2 provisions across 2 enactments
Pramod A.R. Nimesh
State Of U.P.
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
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