Documents obtained through RTI and its effect on PMLA

Any document, which is based on Government records supplied by the Government agencies under the R.T.I. Act, the said document is beyond suspicion or doubt and is of unimpeachable character and in view of the law laid down by the Hon’ble Supreme Court rendered in the case of Suryalakshmi Cotton Mils Limited v. Rajvir Industries Limited and Ors. [(2008) 13 SCC 678] and Rukmini Narvekar v. Vijaya Satardekar and Ors. [2009 CRI.L.J. 822], the said documents can be considered by this Hon’ble Adjudicating Authority, while deciding the present petition seeking quashing of criminal proceedings. The Hon’ble Supreme Court, in the case of Anita Malhotra v. Apparel Export Promotion Council [(2012) 1 SCC 520], has held that if on the face of a document, which is beyond suspicion or doubt, placed on record by the accused, it is discovered that the accusation against the accused cannot stand, in such a matter, in order to prevent injustice or abuse of process, it is incumbent on the High Court to look into those document/documents which have a bearing on the matter even at the initial stage and grant relief to the person concerned by exercising jurisdiction u/s. 482 Cr.P.C.

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