A. Kannan v. The Sub-Divisionalmagistrate

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/79/2022 A.Kannan ... Petitioner Vs.

The Sub-Divisional Magistrate ... Respondent Mrs. Anjili Nag ... for the petitioner Mr. Salim Mohammed ... for the respondents April 26, 2022 [GNC] Item No.19 The writ petitioner is aggrieved by the silence maintained by the office of the Sub-Divisional Magistrate, South Andaman District, Port Blair despite several queries made by the petitioner under the Right to Information Act, 2005, with regard to the alleged proceeding which was pending against the petitioner, namely, case No.138 of 2020 arising out of challan case No.170 of 2020. The police authorities had registered a non-congnizable FIR under Sections 107, 116(3) and 151 of the Code of Criminal Procedure, which gave rise to the proceeding. The petitioner applied before the concerned SubDivisional Magistrate for information with regard to the stage of the case and the orders passed. Such information was not given to the petitioner on the ground that the case was still pending.

The petitioner is aggrieved by such reply. The petitioner has a right to know the stage of the proceeding

and also pray for copies of the orders. Hence, the writ petition has been filed seeking necessary directions. Instead of directing supply of copies etc, the writ petition is disposed of with the direction upon the SubDivisional Magistrate, South Andaman District, Port Blair to dispose of the proceeding, if any, pending before such authority against the petitioner in accordance with law and expeditiously upon giving an opportunity of hearing to the petitioner and any other interested party.

The entire exercise shall be concluded within a period of three months from the date of communication of this order. An order to that effect shall be communicated to the petitioner within two weeks thereafter.

This court has not gone into the merits of the claims involved in the proceeding before the Sub Divisional Magistrate.

With the above direction, the writ petition stands disposed of.

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

(Shampa Sarkar, J.)