RAMESHWAR SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On the oral request of the learned counsel for the petitioner, defects are waived. This writ petition has been filed assailing the legality and validity of the order dtd. 18/10/2019 passed by the Rajasthan State Information Commission whereby, the second appeal filed by the petitioner under Right to Information Act, 2005 (for brevity, "the Act of 2005"), has been dismissed.

(2.) The relevant facts in brief are that the petitioner applied for a copy of the brief prepared by the learned Additional Public Prosecutor (for brevity, "APP") of Munsif Magistrate Court Bandikui in FIR No.125/2018 registered at Police Station Baswa, District Dausa on the premise that in the aforesaid FIR lodged by complainant-Hanuman Saini against the petitioner's brother Shri Nawal Kishore Saini, as per the brief prepared by the learned APP, the complainant himself was an accused. Information was declined by the respondents taking shelter of Clause 8(1)(h) of the Act of 2005. The first appeal as also the second appeal preferred by the petitioner against rejection of his prayer, have been dismissed.

(3.) Learned counsel for the petitioner submits that after filing of the charge-sheet against his brother, the impediment provided under Sec. 8(1)(h) of the Act of 2005 was no more attracted.