Vijay Bhivajirao Palande v. Public Information Officer

DAE 40-WP-3102-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3102 OF 2015 Vijay Bhivajirao Palande

...Petitioner

Versus

Public Information Officer

...Respondent

WITH INTERIM APPLICATION NO. 3247 OF 2021 Vijay Bhivajirao Palande

...Petitioner

Versus

The State of Maharashtra

...Respondent

None for Petitioner.

Mr. Ajay Patil, APP for Respondent-State.

CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

by DNYANESHWAR ASHOK ETHAPE Date:

2022.12.13 18:25:00 +0530 DNYANESHWAR ASHOK ETHAPE DATE : 8th DECEMBER, 2022.

P.C.:- .

The request of the Petitioner for providing certain documents, as mentioned in his application, under Right to Information Act, has been turned down by the Information Officer attached to Directorate of Forensic Science Laboratory, Mumbai. His First Appeal as well as Second Appeal has been rejected by both the Appellate Authorities holding that, the Order passed by Public Information Officer is correct. 2.

Perusal of record indicates that, all the authorities below have not committed any error while passing the impugned Orders. Even otherwise, it is settled position of law that, while testing the Orders passed 1/2

DAE 40-WP-3102-2015.doc by the Quasi Judicial Authorities under its jurisdiction under Article 226 of the Constitution of India, the High Court cannot re-appreciate the evidence considered by the authorities below.

3.

According to us, there is no merit in the petition and is dismissed in limine.

4.

In view of disposal of Petition itself, nothing survives in Interim Application No.3247 of 2021 and is also disposed off. (PRAKASH D. NAIK, J.) (A. S. GADKARI, J.) 2/2