- (1.) This writ petition is directed against the order dated 24.11.2015 passed by the State Chief Information Commissioner, U.P. whereby the appeal filed by the petitioner arising out of non furnishing of information in response to his application dated 28.01.2015 filed under Section-6 of the Right to Information Act has been consigned to record for not being maintainable.
(2.) The brief facts giving rise to the present writ petition are that the petitioner's brother viz Sri Shiv Poojan Vishvakarma is implicated in a Criminal Case no. 1311 of 2014. The investigation in respect of the said criminal case on completion resulted into filing of charge-sheet dated 07.01.2015 before the competent court having criminal jurisdiction. It appears that subsequently on 23.01.2015 an application was filed by the petitioner under Section 173 (8) of the Code of Criminal Procedure before respondent no.2 praying for fresh investigation in the matter on some grounds stated in the application which still remain available to an aggrieved person by availing the remedy of protest petition or otherwise in the regular course of enquiry and trial.
(3.) Soon after filing the application for fresh investigation, the petitioner chose to file an application under Section 6 of the Right to Information Act (hereinafter referred to as the Act) on 28.01.2015 praying for information to the effect as to what action was taken by the respondent no.2 on his representation made on 23.01.2015. Failure on the part of Information Officer to furnish the information within the statutory period is said to have given rise to first appeal filed on 05.02.2015 and the said appeal not yielding any result became the cause of filing second appeal before the commission on 16.03.2015.;