Sushovan Maiti v. State Of West Bengal And ORS.

11.09.2024 Sl. No.60(ML) srm W.P.A. No. 15970 of 2024 Sushovan Maiti

Versus

The State of West Bengal & Ors.

Mr. Abdul Hamid Molla, Mr. Mukteswar Maity, Md. Abdul Halim, Mr. Narayan Das, Sk. Zafir, Ms. Nupur Chaudhuri ...for the Petitioner.

Mr. Anirban Ray, ld. GP Mr. Tanoy Chakraborty, Mr. Saptak Sanyal ...for the State-respondents.

1. Affidavit-of-service is taken record.

2. The petitioner seeks information from the SPIO through the Superintendent, the SSKM Hospital, Kolkata under the Right to Information Act, 2005 with regard to certain documents filed by the police authorities after an investigation in which the petitioner has been charge sheeted as an accused. The petitioner made a query whether those documents were genuine.

3. Learned Advocate for the State-respondents submits that such information cannot be granted to petitioner as those are all matters involved in a criminal trial.

4. Prima facie, this Court finds that the petitioner wants to build up a defence on the basis of the information sought for.

5. In any event, the petitioner has all his remedies open before the learned trial Judge. The SPIO through the Superintendent, the SSKM Hospital, Kolkata will inform the petitioner why such information cannot be granted within two weeks from date.

6. The writ petition is, thus, disposed of.

7. There shall be no order as to costs.

8. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)