true copy of writ criminal petition 136 of 2016 filed before supreme court of india dated 30th...

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO. 136 OF 2016

Petition under Article 32 of the Constitution of India with A Prayer for Quashing of Criminal Proceedings and Enforcement of Fundamental Rights. IN THE MATTER OF: OM PRAKASH & ANR …………..PETITIONER

VERSUS

STATE OF BIHAR & ORS ….RESPONDENT

I.A. NO. OF 2016 APPLICATION FOR SEEKING PERMISSION TO APPEAR AND

ARGUE AS PETITIONER-IN-PERSON I.A. NO. OF 2016

APPLICATION FOR SEEKING PERMISSION TO GRANT SPECIAL POWER OF ATTORNEY TO PETITIONER NO.01 TO APPEAR AND ARGUE THE WRIT PETITION (CRIMINAL) NO.136 OF 2016 ON

BEHALF OF PETITIONER NO.02 I.A. NO. OF 2016

APPLICATION BEFORE THE HON’BLE CHIEF JUSTICE OF INDIA FOR MENTITIONING OF FRESH MATTER URGENT

LISTING EARLIER THAN THE SCHEDULED DATE AND URGENT RELIEF IS SOUGHT AGAINST WRIT PETITION CRIMINAL 136

OF 2016 I.A. NO. OF 2016

APPLICATION FOR LISTING WRIT PETITION CRIMINAL 136 OF 2016 BEFORE THE CONSTITUTION BENCH OF SEVEN

JUDGES BENCH

PAPER BOOK (FOR INDEX KINDLY SEE INSIDE)

PAGES FROM 01 TO 90

PETITIONER IN PERSON OM PRAKASH

INDEX

S.N Particulars Page No.

1. Listing Performa A1-A2

2. Synopsis and list of dates B-I

3. Writ Petition (Criminal) along with

Affidavit in support.

4. Annexure: P-1

Order dated 23.04.2012 in

SLP(C) No. 9854/2012 by this

Hon’ble Court.

5. Annexure: P-2



Hon’ble Court.

6. Annexure: P-3



Hon’ble Court.

7. Annexure: P-4


Writ(C) No. 90/2016 by this

Hon’ble Court.

8. Annexure: P-5

A True copy of Order dated

26.08.2016 in criminal case

complaint (P) no. 5591/2013 u/s

498A passed by the Ld. SDJM Ld.

Court No.16, Ld. CJM Division at

Begusarai, Bihar.

9. Application for seeking

permission to appear and argue the

Writ Petition (Criminal) in person

along with supporting affidavit.

10. Clarification sought by Hon’ble

Registrar of Hon’ble Supreme Court

of India dated 07.09.2016

11. Application for seeking permission

to grant Special Power of Attorney

to Petitioner No.01 to appear and

argue the Writ Petition (Criminal)

No. 136 of 2016 on behalf of

Petitioner No.02

12. Application before the Hon’ble

Chief Justice of India for

mentioning of fresh matter urgent

listing earlier than the scheduled

date and urgent relief is sought

against Writ Petition Criminal 136

of 2016

13. Application for listing Writ

Petition Criminal 136 of 2016

before the Constitution bench of

Seven Judges bench

SYNOPSIS AND LIST OF DATES

The present petition under Article 32 of

the Constitution of India is being filed

to enforce the Rights under Article 21 of

the Constitution of India to quash the

order dated 26.08.2016 in case No.5591 of

2013 u/s 498A passed by the Ld. SDJM Court

No.16, Ld. CJM Division at Begusarai under

the jurisdiction of Hon’ble High Court of

Patna which has directly infringed the

Fundamental Rights of the petitioner under

Article 21 of the constitution of India

whereby and where the Ld. CJM cum PIO has

furnished the false RTI reply against the

same question of law laid down in the

petition and has erred in holding the

frivolous criminal proceedings for the

same cause of action which has been

settled by the Hon’ble High Court of Delhi

in MAT. APPL. 7/2012 on 23.07.2013; which

has resulted in miscarriage of justice.

The Petitioner is filing the instant

Criminal Writ petition under the Article

32 of Constitution of India for quashing

of criminal proceedings and enforcement of

his Rights under Article 21 of the

constitution of India.

30.03.2010 A frivolous criminal complaint filed by

women protection officer, Ms Veena

Kumari vide case no. 9P/2010 u/s 12 of

domestic violence Act 2005 before Ld.

Chief Judicial Magistrate (CJM),

Begusarai against the petitioner and

his ailing old age mother after a gap

of 5 years on 30.03.2010.

25.08.2010 A frivolous N.B.W (Non Bail able

Warrant) in the case no.9P/2010 u/s 12

of domestic violence against the

petitioner and his ailing mother

through Ld. S.P. Begusarai dated

25.08.2010 managed to get issued by

Advocate, Gopal Kumar, husband of

women protection officer, Begusarai.

23.04.2012 SLP (C)No. 9854/2012 is being dismissed

by this Hon’ble Court.

01.04.2013 SLP (C)No. 9483/2013 is being dismissed

by this Hon’ble Court.

05.07.2013 SLP (C)No. 19073/2013 is being

dismissed by this Hon’ble Court.

23.07.2013 Hon’ble High Court of Delhi pronounced

judgment in favor of the petitioner in

MAT.APP. 7/2012 dated 23.07.2013.

01.03.2016 That the petitioner has sought

information on 01.03.2016 against

updation of case Status/Judgment Data

against case no. 9P/2010 u/s 12 of

domestic violence Act through Ld.

system officer Begusarai under the

intimation of cpc[email protected] and

[email protected].

01.03.2016 Information supplied by the Ld.

district court, Begusarai on

01.03.2016 against the complaint case

no. 5591/2013 u/s 498A.

18.04.2016 Writ (C) No. 90/2016 is being

dismissed by this Hon’ble Court.

10.05.2016 The petitioner has filed online

grievances vide registration no.

PRSEC/E/2016/06805 dated 10.05.2016

against Ld. CJM Court Begusarai and

Women Protection Officer, Begusarai,

mailto:cpc[email protected]

mailto:[email protected]

MS Veena Kumari through Hon’ble

President of India helpline.

12.05.2016 Hon’ble President of India Secretariat

has forwarded a complaint of the

petitioner against Ld. CJM Court

Begusarai and women protection officer,

Begusarai vide diary no. 384436 dated

12.05.2016 to the Ld. Chief Secretary

of Bihar for necessary action.

28.05.2016 Petitioner has filed an online RTI

application No. JUSTC/R/2016/50593

dated 28.05.2016 against Ld. CJM Court

Begusarai to the Department of Justice,

Government of India.

30.05.2016 Petitioner has filed an application at

Palam Village Police Station, South

West District of Delhi vide diary no.

37B and complaint no.00081710571601332

dated 30.05.2016 for registration of

criminal complaint against the spoofed

calls with life threat u/s 200 of

Cr.Pc. and registration of FIR u/s

154(3) of Cr.Pc.

08.06.2016 The Hon’ble President of India helpline

has forwarded the online Grievances to

the Department of Justice, Government

of India and Department of Justice has

forwarded it to the Hon’ble Registrar

General of Hon’ble Patna High Court on

08.06.2016 for further action as

appropriate.

05.07.2016 The Department of Justice, Government

of India has forwarded online RTI to

the Hon’ble Registrar General of

Hon’ble Patna High Court on 05.07.2016

for necessary action vide letter No.

15011/96/2016-Jus(AU) dated 05.07.2016.

18.07.2016 The Hon’ble Chief Minister of Bihar

Secretariat has found the online

grievances no. 999990118071603221 &

999990118071603224 dated 18.07.2016 of

the petitioner against Ld. CJM Court

Begusarai and women protection officer,

Begusarai under the negative list and

forwarded it to the Law Department,

Government of Bihar for requisite reply

and necessary action for redressal.

04.08.2016 The Hon’ble Joint Registrar (Judicial)-

cum-PIO, Hon’ble Patna High Court has

forwarded the RTI application vide

(P.H.C Sch. 1-7C) no. IC/406/2016

dated 04.08.2016 and memo no.49895

dated 05.08.2016 to the Ld. Chief

Judicial Magistrate-cum-Public

Information Officer, Ld. Civil Courts,

Begusarai, Bihar.

11.08.2016 The office of Departmental Public

Grievances Redressal Officer, Law

Department, Government of Bihar, Patna

has disposed of the grievances No.

999990118071603221 & 999990118071603224

without resolution and without

requisite reply with an interim orders

directing the petitioner to file first

appeal before the First Appellate

Authority, Law Department Bihar vide

disposal no.22211-00044 dated

11.08.2016.

11.08.2016 The petitioner has filed the first

appeal before the First Appellate

Authority, Law Department of Bihar

through email on 11.08.2016 and

supplied the scanned certified copies

of Ld. court records of Delhi &

Begusarai for his perusal through

email dated 11.08.2016 & 13.08.2016

respectively.

16.08.2016 Petitioner has filed an online RTI

application vide registration no.

MOLAW/R/2016/50697 dated 16.08.2016 to

the Department of Legal Affairs,

Government of India.

17.08.2016 The petitioner has filed RTI

application on 17.08.2016 before the

Deputy Secretary-cum-Public

Information Officer, Law Department,

Government of Bihar against Advocate

Gopal Kumar, Ld. district court

Begusarai and his wife Women

Protection Officer, Ms Veena Kumari,

Begusarai.

19.08.2016 The petitioner has filed Ld. court

complaint and application u/s 340 of

Cr.Pc. against Ld. CJM Court Begusarai

Bihar in case no. 9P/2010 u/s 12 of

domestic violence & 5591/2013 of 498A

dated 19.08.2016 against offences

committed by the respondents and their

associates affecting the

administration of justice to the

Hon’ble Chief Justice of India.

26.08.2016 Ld. SDJM, Shri Nitin Kaushik, Ld. Court

No.16, Ld. CJM Division at Begusarai

has totally overlooked the RTI

application of the petitioner and did

not dispose of the frivolous Criminal

proceedings in Criminal Case Complaint

(P) No.5591 of 2013 u/s 498A on

26.08.2016 and extended the next date

of hearing on 01.10.2016.

30.08.2016 Hence the Criminal Writ Petition.



CRIMINAL WRIT PETITON NO. 136 OF 2016

BETWEEN

1. Om Prakash ………PETITIONER NO.01

S/O Late Sh Deep Narayan Poddar

R/O RZF-893, Netaji Sbhash Marg

Raj Nagar Part-2,

Palam Colony

New Delhi-110077

2. Widow Asha Devi ……PETITIONER NO.02

W/o Late Sh. Deep Narayan Poddar

R/O ASHA DEEP NIWAS

Vill-Kantiya Panchayat,

Shukkar Haat Sonaili,

In front of Durga Mandir

P.S. Kadwa, Distt-Katihar

Bihar-855114

VERSUES

1. State of Bihar ….RESPONDENT No.01

Through Chief Secretary,

Old Secretariat, Patna-800015

2. The Hon’ble Patna ….RESPONDENT No.02

High Court,

Through

Hon’ble Registrar General,

Patna High Court

Patna-800028

3. Ld. CJM Court ….RESPONDENT No.03

Through Ld. CJM

Begusarai, Bihar

Civil Court, Ld. CJM Division

at Begusarai, Bihar

4. The Secretary ….RESPONDENT No.04

Cum-Legal Remembrancer

Law Department, Government of Bihar

Main Secretariat Patna-800015

PETITION UNDER ARTICLE 32 OF THE

CONSTITUTION OF INDIA FOR ISSUANCE OF A

WRIT IN THE NATURE OF MANDAMUS OR

PROHIBITION OR CERTIORARI OR ANY OTHER

APPROPRIATE WRIT FOR ENFORCEMENT OF

ARTICLE 21 OF THE CONSTITUTIION OF

INDIA.

To

Hon'ble the Chief Justice of India and His

Lordship's Companion Justices of the

Supreme Court of India. The Humble

petition of the Petitioner abovenamed.

MOST RESPECTFULLY SHEWETH:

1. FACTS OF THE CASSE

i) The present petition under Article

32 of the Constitution of India is

being filed to enforce the Rights

under Article 21 of the Constitution of

India to quash the order dated 26.08.2016

in case No.5591 of 2013 u/s 498A passed by

the Ld. SDJM Court No.16, Ld. CJM Division

at Begusarai under the jurisdiction of

Hon’ble High Court of Patna which has

directly infringed the Fundamental Rights

of the petitioner under Article 21 of the

constitution of India whereby and where

the Ld. CJM cum PIO has furnished the

false RTI reply against the same question

of law laid down in the petition and has

erred in holding the frivolous criminal

proceedings for the same cause of action

which has been settled by the Hon’ble High

Court of Delhi in MAT. APPL. 7/2012 on

23.07.2013, which has resulted in

miscarriage of justice.

The petitioner is seeking Writ in the

nature of Mandamus, prohibition and

certiorari.

ii) Article 21 of Constitution of

India says, “No person shall be deprived

of his life or personal liberty except

according to the procedure established by

law”.

iii) That Ms Veena Kumari, Protection

Officer, Begusarai, Bihar (Under

Protection of women against domestic

violence Act 2005) has filed a

frivolous suit no. 9P/2010 u/s 12 of

domestic violence Act 2005 before Ld.

Chief Judicial Magistrate (CJM),

Begusarai against the petitioner after

a gap of 5 years from the date of

occurrence dated 24.06.2004 without

F.I.R. and police diary for her own

vested interest on 30.03.2010. Ld. CJM

took the cognizance of the case and

transferred it to the Ld. court of Ld.

Shri Atul Kumar Parhak, Ld. J.M. 1st

Class, Begusarai.

iv) That Mr. Gopal Kumar, Advocate,

Civil Court, Begusarai and husband of

Ms Veena Kumari, Protection Officer,

Begusarai, managed to get issued a

frivolous N.B.W dated 25.08.2010 (Non

Bail able Warrant) in the case

no.9P/2010 against the petitioner and

his ailing mother through the Ld.

court of Ld. Shri Atul Kumar Parhak,

Ld. J.M. 1st Class, Begusarai through

Ld. S.P. Begusarai while the

petitioner was struggling to save the

life of his mother in ICU of AIIMS at

New Delhi. Replication and

cancellation of N.B.W have been filed

by the petitioner on 03.03.2011

against this frivolous case at Ld.

Begusarai Court in Bihar and the

certified copies of the same has been

filed against the HMA-700/2010 at Ld.

Dwarka Court, Ld. Family Court at New

Delhi. It is also on the Hon’ble

Supreme Court Record with SLP(C) no.

9854/2012, SLP(C) no. 9483/2013 and

SLP(C) no. 19073/2013.

v) Order dated 23.04.2012 in

SLP(C)No.9854/2012 passed by this

Hon’ble Court is annexed herein as

Annexure P-1 (Page from 39 to39)

vi) Order dated 01.04.2013

in SLP(C)No.9483/2013 passed by this

Hon’ble Court is annexed herein as

Annexure P-2 (Page from 40 to 40)

vii) Order dated 05.07.2013

in SLP(C)No. 19073/2013 passed by

this Hon’ble Court is annexed herein

as Annexure P-3 (Page from 41 to 41)

viii) That the Hon’ble High Court of

Delhi pronounced the judgment in favor

of the petitioner in MAT.APP. 7/2012

dated 23.07.2013.

ix) That the petitioner has sought

information on 01.03.2016 against

updation of case Status/Judgment Data

against case no. 9P/2010 u/s 12 of

domestic violence Act through Ld.

system officer Begusarai under the

intimation of cpc[email protected] and

[email protected].

x) That the information sought by the

petitioner against case no. 9P/2010

u/s 12 of domestic violence Act and

information supplied by the Ld.

district court, Begusarai on

01.03.2016 against the complaint case



no. 397C/2011 New CIS generated

computerized no.5591/2013 u/s 498A,

filing no.11329/2013, filing date

07.02.2011, registration no.5591/2013,

registration date 07.02.2011, case

code 214200113292013 and first hearing

date 05.12.2013.

xi) Order dated 18.04.2016 in Writ

(C)90 of 2016 passed by this Hon’ble

Court is annexed herein as Annexure P-

4 (Page from 42 to 42)

xii) That the petitioner has filed

online grievances vide registration

no. PRSEC/E/2016/06805 dated

10.05.2016 against Ld. CJM Court

Begusarai and Women Protection

Officer, Begusarai, MS Veena Kumari

through Hon’ble President of India

helpline.

xiii) That the petitioner has filed

another complaint dated 11.05.2016

against Ld. CJM Court Begusarai and

Women Protection Officer, Begusarai,

MS Veena Kumari to the Hon’ble

President of India and it has been

received by the Hon’ble President of

India Secretariat vide diary no.

384436 dated 12.05.2016 and Hon’ble

President of India has forwarded it to

the Ld. Chief Secretary of Bihar for

necessary action.

xiv) That the petitioner has filed an

online RTI application No.

JUSTC/R/2016/50593 dated 28.05.2016

against Ld. CJM Court Begusarai to the

Department of Justice, Government of

India.

xv) That the petitioner has filed an

application at Palam Village Police

Station, South West District of Delhi

vide diary no. 37B and complaint

no.00081710571601332 dated 30.05.2016

for registration of criminal complaint

against the spoofed calls with life

threat u/s 200 of Cr.Pc. and

registration of FIR u/s 154(3) of

Cr.Pc. against Online Complaint vide

unique reference no. C2016/193 dated

08.05.2016 forwarded by Commissioner

of Police, Delhi to the Joint

Commissioner of Police/Southern

Western Range vide Dy. No. 8311/E-

mail dated 11/05/2016 through

DCP/Vigilance vide U.O. No.

2013/P.Sec. CP, dated 11/05/2016.

xvi) That the Hon’ble President of

India helpline has forwarded the

online Grievances to the Department of

Justice, Government of India and

Department of Justice has forwarded it

to the Hon’ble Registrar General of


for further action as appropriate.

xvii) That the Department of Justice,

Government of India has forwarded RTI

to the Hon’ble Registrar General of


for necessary action vide letter No.

15011/96/2016-Jus(AU) dated

05.07.2016.

xviii) That the Hon’ble Chief Minister of

Bihar Secretariat has found the online

grievances no. 999990118071603221 &

999990118071603224 dated 18.07.2016 of

the petitioner under the negative list

and forwarded it to the Law

Department, Government of Bihar for

requisite reply and necessary action

for redressal.

xix) That the Hon’ble Joint Registrar

(Judicial)-cum-PIO, Hon’ble Patna High

Court has forwarded the RTI

application vide (P.H.C Sch. 1-7C) no.

IC/406/2016 dated 04.08.2016 and memo

no.49895 dated 05.08.2016 to the Ld.

Chief Judicial Magistrate-cum-Public

Information Officer, Civil Courts,

Begusarai, Bihar to supply information

directly to the applicant as the

matter is related to his office.

xx) That the office of Departmental

Public Grievances Redressal Officer,

Law Department, Government of Bihar,

Patna has disposed of the grievances

No. 999990118071603221 &

999990118071603224 without resolution

and without requisite reply with an

interim orders vide disposal no.22211-

00044 dated 11.08.2016.

xxi) That as per the order of Public

Grievances Redressal Officer, Law

Department, Government of Bihar;

matter does not fall under the section

2(a) of Bihar Public Grievances

Redressal right Act 2015. Hence,

petitioner is being advised to file

first appeal before the First

Appellate Authority, Law Department,

Government of Bihar within 30 days who

is competent to redress it as per the

law of the land.

xxii) That the petitioner has filed the

first appeal before First Appellate

Authority, Law Department of Bihar on

11.08.2016 through email and supplied

the scanned certified copies of Ld.

court records of Delhi & Begusarai for

his perusal through email dated

11.08.2016 & 13.08.2016 respectively.

xxiii) That the First Appellate Authority

has refused to acknowledge the First

Appeal U/S 19 (1) of RTI Act 2005 and

denied to supply the requisite reply

under Bihar Public Grievances

Redressal Right Act 2015.

xxiv) That the petitioner has filed an

online RTI application vide

registration no. MOLAW/R/2016/50697

dated 16.08.2016 to the Department of

Legal Affairs, Government of India.

However, it has been returned from the

Department of Legal Affairs, Ministry

of Law & Justice, Government of India

and the petitioner has been directed

to file the same before the concerned

Public Authority under the State

Government.

xxv) That the petitioner has filed RTI

application on 17.08.2016 before the

Deputy Secretary-cum-Public

Information Officer, Law Department,

Government of Bihar against Advocate

Gopal Kumar, Ld. district court

Begusarai and his wife Women

Protection Officer, Ms Veena Kumari,

Begusarai.

xxvi) That the petitioner has filed Ld.

court complaint and application u/s

340 of Cr.Pc. against Ld. CJM Court

Begusarai Bihar in case no. 9P/2010 &

5591/2013 dated 19.08.2016 against

offences affecting the administration

of justice to the Hon’ble Chief

Justice of India.

xxvii) That Ld. SDJM, Shri Nitin Kaushik,

Court No.16, Ld. CJM Division at

Begusarai has totally overlooked the

RTI application of the petitioner and

did not dispose of the frivolous

Criminal Case Complaint (P) No.5591 of

2013 on 26.08.2016 and extended the

next date of hearing on 01.10.2016.

A True copy of Order dated 26.08.2016

passed by the Ld. SDJM Court No.16,

Ld. CJM Division at Begusarai, Bihar

is annexed herein as Annexure P-5

(Pages from 43 to 44)

xxviii) That after the pronouncement of

Ex-parte Judgment by the Hon’ble High

Court of Delhi in favour of the

petitioner in MAT. APPL. 7/2012 on

23.07.2013; second time women

protection officer has instituted

another frivolous criminal case vide

case no. 5591/2013 u/s 498A/323 of IPC

and u/s 3/4 of D.P. Act with filing

date 07.02.2011 and first hearing date

05.12.2013 without the knowledge of

petitioner. It is pertinent to note

here that the client of women

protection officer has appeared before

the Trial Court at New Delhi on

09.02.2011 in case No. HMA-700/2010

before Ld. Principal Judge, Ld. Family

Court, Ld. Dwarka Court at New Delhi

and intentionally did not supply the

copy of criminal case no. 5591/2013

filing date 7.2.2011 u/s 498A/323 of

IPC and u/s 3/4 of D.P Act to the Ld.

Trial Court.

xxix) That the client of women

protection officer has appeared before

Ld. Trial Court at New Delhi in case

no. HMA-700/2010 but did not file

written statement (WS) before Ld.

Trial Court at New Delhi and did not

join Hon’ble High Court of Delhi in

case no. MATT. APPL. 7/2012 even after

receipt of service Notice which is

also on the Hon’ble Supreme Court

Record with SLP(C) no. 19073/2013.

xxx) That after winning the case MAT.

APPL. 7/2012 in 2013, petitioner has

visited thrice to his parental house

in Bihar and has not received any

Notice or Summon against u/s 498A/323

of IPC and u/s 3/4 of D.P. Act as on

date.

xxxi) That 12 years long criminal

conspiracy has taken the life of the

Petitioner’s father untimely in 2007

and pushed the petitioner and his

mother into multiple illnesses who are

struggling with their life and death

and undergoing treatment with AIIMS at

New Delhi. It is pertinent to note

here that the total numbers of family

members in the petitioner’s family

were two, out of which father has been

finished in 2007, and now respondent

and her associates are planning to

finish the petitioner and his mother

by way of sustaining frivolous

litigations to usurp the parental

property of the petitioner.

xxxii) That the petitioner has been

advised and prescribed by the AIIMS

doctor for modification in life style.

xxxiii) That the petitioner has filed

SLP(C) no. 9854/2012, SLP(C) no.

9483/2013, SLP(C) no. 19073/2013 and

Writ (C) 90 of 2016 before this

Hon’ble Court against the 12 year long

criminal conspiracy affecting the

administration of justice for the same

cause of action in two states.

2. QUETION(S) OF LAW

That the main questions of Law to be decided in

this petition are:-

a) Why notice of appearance not being served on

the accused within two weeks from the date of

institutions of case on 07.02.2011?

b) Why Ld. Magistrate did not order for arrest of

the accused since 5 years from the

institutions of case on 07.02.2011 to till

date?

c) Why accused not being charge sheeted since 5

years from the institutions of case on

07.02.2011 to till date?

d) Why date of first hearing has been fixed on

05.12.2013 after two and half years of

institution of case on 07.02.2011?

e) Why Ld. District court Begusarai supplied the

information against case no 5591/2013 u/s 498A

while the information was sought by the

petitioner against the case no 9P/2010 u/s 12

of Domestic violence Act?

f) What is the correlation between case no.

9P/2010 u/s 12 of Domestic violence Act and

Case No.5591/2013 u/s 498A?

g) Why Ld. Magistrate did not take the cognizance

of replication and cancellation of NBW filed

by the petitioner against the case no.9P/2010

u/s 12 of Domestic violence Act through his

advocate on 03.03.2011 wherein it has been

clearly mentioned that the client of women

protection officer has appeared before the Ld.

Trial Court in case no HMA-700/2010 at New

Delhi and has intentionally concealed this

material fact from this Ld. court?

h) Why Ld. Magistrate did not order/direct the

client of protection officer to pursue the

HMA-700/2010 where she has already appeared on

09.02.2011 at New Delhi because the

jurisdiction of the case falls within the

South West district of Delhi?

i) Why no FIR, no written statement (WS) by the

client of women protection officer before the

Ld. Trial Court at New Delhi, no appearance by

the client of women protection officer before

the Hon’ble High Court of Delhi, yet frivolous

criminal cases are continuing for the same

cause of action in another state even after the

settlement by the Hon’ble High Court of Delhi

in the case No. MAT. APPL. 7/2012 on

23.07.2013?

j) On what ground women protection officer filed

frivolous criminal case no. 9P/2010 u/s 12 of

domestic violence and case no. 5591/2013 u/s

498A without police diary after a gap of 6

years from the date of occurrence on 24th June

2004?

k) On what ground the husband of women protection

officer, Advocate Gopal Kumar, Ld. District court

Begusarai (Reg. No. 836/1991) managed to get

issued a frivolous NBW through Ld. SP Begusarai

against the petitioner and his ailing mother

after a gap of 6 years which has resulted in

finishing their whole family life?

l) Why the client of protection officer concealed

the material fact from the Ld. Begusarai Court

that she is already in receipt of Notice against

case no. 700/2010 of HMA by Ld. Dwarka Court at

New Delhi which is evident from the order sheet

dated 18.11.2010, 23.12.2010 and 13.01.2011 of

Ld. Begusarai Court in case no. 9P/2010 u/s 12 of

domestic violence?

m) Why the client of protection officer concealed

the material fact from the Ld. Begusarai Court

that she has appeared against case no. 700/2010

of HMA before Ld. Dwarka Court at New Delhi on

09.02.2011 which is evident from the order sheet

dated 22.02.2011 of Ld. Begusarai Court in case

no. 9P/2010 u/s 12 of domestic violence?

n) Why the client of protection officer appeared

against case no. 700/2010 of HMA before Ld.

Dwarka Court at New Delhi on 09.02.2011 after

filing criminal case no. 397C/ 2011 on 7.2.2011

u/s 498A which converted into new CIS no.

5591/2013?

o) Why the client of women protection officer who

appeared before Ld. Trial Court at New Delhi

in case no. HMA-700/2010 on 09.02.2011

supplied the copy of case no.9P/2010 u/s 12 of

Domestic Violence Act and did not supply the

copy of criminal case no. 397C/ 2011 u/s 498A

which was concealed intentionally, which

converted into new CIS no. 5591/2013 filing

date 7.2.2011 and managed to continue to take

Ld. court dates since 7.2.2011 to till date

without the knowledge of petitioner and did

not file written statement (WS) before Ld.

Trial Court at New Delhi and did not join

Hon’ble High Court of Delhi in case no. MAT.

APPL. 7/2012 even after receipt of service

Notice which is on the Hon’ble Supreme Court

Record with SLP(C) no. 19073/2013.

p) What departmental action has been taken against

the women protection officer Ms. Veena Kumari

and her husband, Advocate Mr. Gopal Kumar

(Reg. No. 836/1991) for instituting frivolous

litigations Case no. 9P/2010 u/s 12 of

domestic violence & 5591/2013 u/s 498A before

Ld. CJM Court Begusarai and managed to get

issued frivolous NBW dated 25.08.2010 against

the petitioner and his ailing mother and

sustaining criminal conspiracy since 6 years

against petitioner and his ailing mother to

plunder their family life permanently to an

end; so far?

3. GROUNDS

That being aggrieved by order dated

26.08.2016, the petitioner is challenging

the same on the following amongst other

grounds: -

A. BECAUSE the petitioner has won the

case No. MAT. APP. 7/2012 by the Hon’ble

High Court of Delhi on the ground of

certified copies of Ld. Begusarai Court

vide Case No.9P/2010 u/s 12 of domestic

violence Act filed against case no. HMA-

700/2010 at Ld. Trial Court, Ld. Dwarka

Court at New Delhi, yet frivolous criminal

case u/s 498A is continuing without the

knowledge of petitioner in another state

for the same cause of action which amounts

to infringement of fundamental rights of

the petitioner under Article 21 of the

Constitution of India.

B. BECAUSE this is a frivolous litigation

without F.I.R and police diary vide case

No. 9P/2010 u/s 12 of domestic violence Act

2005 dated 30.03.2010 before Ld. CJM Court

Begusarai, Bihar filed by Ms Veena Kumari,

a Women Protection officer (Under

protection of women against domestic

violence Act 2005) after a gap of 6 years

from the date of occurrence dated

24.06.2004 for her own vested interest and

managed to get issued a frivolous N.B.W

dated 25.08.2010 through her husband Gopal

Kumar, Advocate (Reg. No. 836/1991), Ld.

district court, Begusarai against the

petitioner and his ailing old age mother

through Ld. SP Begusarai while the

petitioner was struggling to save the life

of his mother in ICU of AIIMS at New Delhi.

Replication and cancellation of N.B.W have

been filed by him on 03.03.2011 against

this frivolous case at Ld. Begusarai Court

in Bihar. It is also on the Hon’ble Supreme

Court Record with SLP(C) no. 9854/2012,

SLP(C) no. 9483/2013 and SLP(C) no.

19073/2013.

C. BECAUSE after winning the case MAT.

APPL. 7/2012 in 2013, petitioner has

visited thrice to his parental house in

Bihar and has not received any Notice or

Summon against u/s 498A/323 of IPC and u/s

3/4 of D.P. Act as on date.

D. BECAUSE after the pronouncement of Ex-

parte Judgment by the Hon’ble High Court of

Delhi in favour of the petitioner in MAT.

APPL. 7/2012 on 23.07.2013; second time

women protection officer has instituted

another frivolous criminal case vide case

no. 5591/2013 u/s 498A/323 of IPC and u/s

3/4 of D.P. Act with filing date 07.02.2011

and first hearing date 05.12.2013 without

the knowledge of petitioner.

E. BECAUSE there is no correlation

between case no. 9P/2010 u/s 12 of Domestic

Violence Act 2005 and case no. 5591/2013

u/s 498A.

F. BECAUSE the first date of hearing in

case no. 5591/2013 u/s 498A has been fixed

with criminal intention on 05.12.2013 just

after the pronouncement of Judgment by the

Hon’ble High Court of Delhi in MAT. APPL.

7/2012 on 23.07.2013. However, the

institution date of case no. 5591/2013 u/s

498A is 07.02.2011.

G. BECAUSE the client of women protection

officer has appeared before the Ld. Trial

Court at New Delhi on 09.02.2011 in case

No. HMA-700/2010 before Ld. Principal

Judge, Ld. Family Court, Ld. Dwarka Court

at New Delhi and intentionally did not

supply the copy of criminal case no.

5591/2013 filing date 7.2.2011 u/s 498A/323

of IPC and u/s 3/4 of D.P Act to the Ld.

Trial Court.

H. BECAUSE the client of women protection

officer who appeared before the Ld. Trial

Court at New Delhi in case no. HMA-700/2010

but did not file written statement (WS)

before Ld. Trial Court at New Delhi and did

not join Hon’ble High Court of Delhi in

case no. MATT. APPL. 7/2012 even after

receipt of service Notice which is also on

the Hon’ble Supreme Court Record with

SLP(C) no. 19073/2013.

I. BECAUSE the jurisdiction for filing

criminal case u/s 498A naturally becomes

the south west district of Delhi in this

matter where the client of women protection

officer has last resided, hence it is not

maintainable in the state of Bihar.

J. BECAUSE the matter pertains to the

jurisdictions of two states viz. Delhi &

Bihar for the same cause of action, which

arose first in Delhi and has been settled

by the Hon’ble High Court of Delhi on the

ground of certified copy of Ld. Bihar

court.

K. BECAUSE the jurisdiction of the ailing

petitioner is south west district of Delhi

and the jurisdiction of petitioner’s ailing

mother is Bihar however the first cause of

action arose in the south west district of

Delhi.

L. BECAUSE three untimely deaths have

been occurred in the petitioner’s family

since 12 years. His family has been reduced

to one member family i.e. ailing old age

mother only now and the criminal conspiracy

through misusing Government machineries are

increasing day by day against him and his

mother.

M. BECAUSE 12 years long criminal

conspiracy has taken the life of the

Petitioner’s father untimely in 2007 and

pushed the petitioner and his mother into

multiple illnesses who are struggling with

their life and death and undergoing

treatment with AIIMS at New Delhi. It is

pertinent to note here that the total

numbers of family members in the

petitioner’s family were two, out of which

father has been finished in 2007, and now

respondent and her associates are planning

to finish the petitioner and his mother by

way of sustaining frivolous litigations to

usurp the parental property of the

petitioner.

N. BECAUSE the petitioner has been kept

captive and home arrest virtually since 12

years by the respondents and their

associates. As a result of that petitioner

has fallen ill and undergoing treatment

with AIIMS. AIIMS doctors have advised and

prescribed him for life style

modifications. It has severely impacted the

health of the petitioner.

O. BECAUSE the peculiar fact of this

matter is that the Hon’ble Judges have

played a role of respondents throughout the

case either in Delhi or in Bihar.

P. BECAUSE it is a backstabbing plan to

create and repeat another Kanahiya case (of

17th February, 2016 inside the Patiala House

Court premises at New Delhi) in the

premises of Ld. Begusarai Court against the

petitioner and his ailing mother.

Q. BECAUSE the marriage was fraudulent

with misrepresentation of bride in 2004.

Petitioner has never ever been to the

residence of rich Indian Oil Corporation

Ltd (IOCL) client of women protection

officer in his whole life. Petitioner even

does not know the multiple residential

addresses of rich IOCL client of women

protection officer since 12 years. For the

first time he came to know the official

address of rich IOCL client of women

protection officer on 09.02.2011 when she

supplied the proceedings of Ld. Begusarai

Court against case no. 9P/2010 before the

Ld. Trial Court at New Delhi.

R. BECAUSE an offence of perjury has been

committed by the client of women protection

officer in this case with the help of women

protection officer.

S. BECAUSE the client of protection

officer has appeared before the Ld. Trial

Court in case no. HMA-700/2010 on

09.02.2011 and supplied the certified copy

of case no. 9P/2010 u/s 12 of domestic

violence and did not supply the copy of

criminal case no. 397C/ 2011 u/s 498A/323

of IPC and u/s 3/4 of D.P Act which

converted into new CIS no. 5591/2013 filing

date 7.2.2011 and first hearing date

05.12.2013 and managed to continue to take

Ld. court dates since 7.2.2011 to till date

without the knowledge of petitioner and did

not file written statement (WS) before Ld.

Trial Court at New Delhi and did not join

Hon’ble High Court of Delhi in case no.

MAT. APPL. 7/2012 even after receipt of

service Notice which is on the Hon’ble

Supreme Court Record with SLP(C) no.

19073/2013.

T. BECAUSE the petitioner has sought

information on 01.03.2016 against updation

of case Status/Judgment Data against case

no. 9P/2010 through Ld. system officer

Begusarai under the intimation of

cpc[email protected] and

[email protected].

U. BECAUSE the information sought by the

petitioner against case no. 9P/2010 and

information supplied by the Ld. district

court, Begusarai on 01.03.2016 against the

complaint case no. 397C/2011 u/s 498A New

CIS generated computerized no.5591/2013,

filing no.11329/2013, filing date

07.02.2011, registration no.5591/2013,

registration date 07.02.2011, case code

214200113292013 and first hearing date

05.12.2013.



V. BECAUSE it also violates the

directions of Hon’ble Supreme Court which

has been laid down in the case of Arnesh

Kumar Vs State of Bihar in Cr APP No. 1277

of 2014.

W. BECAUSE the matter pertains to life or

personal liberty and freedom of movement

across the Indian Territory by the ailing

petitioner and his ailing 70 year old

mother. It is needless to say here that for

the first time, this year; the petitioners

being compelled to cancel their routine

annual home visit on the eve of Durga Puja.

X. BECAUSE the protection officer under

protection of women against domestic

violence Act 2005, Begusarai, Bihar has

misused and abused her vested power by way

of filing frivolous litigation against the

petitioner and his ailing mother after a

gap of 5 years, planted criminal conspiracy

against the petitioner and his ailing

mother putting their life and liberty at

stake, which has resulted in irreparable

loss to the petitioner and his mother.

Y. BECAUSE Mr. Gopal Kumar, Advocate, Ld.

Civil Court Begusarai, Bihar husband of Ms

Veena Kumari, Protection Officer, under

domestic violence Act, Begusarai, Bihar has

managed to get issued frivolous N.B.W dated

25.08.2010 against the petitioner and his

ailing mother after a gap of 5 years for

his own vested interest, misused the law of

the land, diluted the piousness of Judicial

System and planted criminal conspiracy

against the petitioner and his ailing

mother putting their life and liberty at

stake, which has resulted in irreparable

loss to the petitioner and his mother.

Z. BECAUSE the Hon’ble Patna High Court

and Ld. SDJM, Shri Nitin Kaushik, Ld. Court

No.16, Ld. CJM Division at Begusarai has

totally overlooked the RTI application of

the petitioner and did not dispose of the

frivolous Criminal Case Complaint (P)

No.5591 of 2013 u/s 498A on 26.08.2016 and

extended the next date of hearing on

01.10.2016 which has resulted in failure of

justice putting life or personal liberty at

stake and freedom of movement across the

Indian Territory on hold and infringed the

fundamental right of the petitioner and his

old age ailing mother under Article 21 of

the Constitution of India.

AA. BECAUSE the legal Aid services have

been denied indirectly by all the three

layers of Ld. Legal Aid Institutions in

India to the petitioner in the past and Ld.

Central Information Commission (CIC) order

dated 25.09.2014 in “Om Prakash Poddar Vs

Department of Legal Affairs” has not been

complied by the Ld. Legal Aid Institutions.

No action has been taken against the Ld.

Legal Aid Institutions yet, which has

resulted in miscarriage of justice; which

also amounts to infringement of the

fundamental rights of the petitioner under

Article 14 of the Constitution of India.

BB. BECAUSE all the interlinked petitions

filed by the petitioner vide SLP(C) no.

9854/2012, SLP(C) no. 9483/2013, SLP(C) no.

19073/2013 and Writ (C) 90 of 2016 have

been dismissed by this Hon’ble Court which

has resulted in miscarriage of justice and

has resulted in encouraging the respondents

and their associates to affect the

administration of Justice across the Indian

Territory infringing the fundamental rights

of petitioner and his mother under Article

21 of the constitution of India.

4. AVERMENT

i) That the Petitioner does not have any

alternative and efficacious remedy for

enforcement of his fundamental rights.

ii) That the present petitioner has filed

Writ (C)90 of 2016 petition before the

Hon’ble Supreme Court of India on the

interlinked subject matter of the present

petition under the category of Service

Matter and under different cause title.

-:PRAYER:-

In the above premises, it is prayed that this

Hon'ble Court may be pleased:

(i) To issue a writ of prohibition or

Certiorari or other appropriate

writ order or direction directing

respondent No.02 and 03 for

enforcement of the Fundamental

Rights of the petitioner no.01 and

02 under Article 21 of Constitution

of India for quashing of the pending

criminal proceedings in Criminal

Case Complaint (P) No.5591 of 2013

u/s 498A to ensure life or personal

liberty and freedom of movement

across the Indian Territory by the

petitioner no.01 and 02.

(ii) To issue a writ of mandamus or

other appropriate writ order or

direction directing respondent No.

01 and 04 for enforcement of the

Fundamental Rights under Article 21

to initiate appropriate action and

pass necessary directions to prevent

such incidence of misuse of

Government Machinery against

consistent planting of criminal

conspiracy against the vulnerable

petitioner no.01 and 02 as the

petitioner no.01 has been left with

only one member in his family now,

after an untimely demise of his

father in the similar fashion.

(iii) To pass such other orders and

further orders as may be deemed

necessary on the facts and in the

circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER

SHALL AS INDUTY BOUND, EVER PRAY.

DRAWN & FILED BY:

PETITIONER IN PERSON

OM PRAKASH

NEW DELHI:

FILED ON :30.08.2016.

Settled by: Petitioner



CRIMINAL WRIT PETITON NO.136 OF 2016

IN THE MATTER OF:

OM PRAKASH & ANR ……….PETITIONER

VERSUS


AFFIDAVIT

I, Om Prakash S/o Late Deep Narayan Poddar, aged 42

years, R/o RZF/893, Netaji Subash Marg, Raj Nagar

Part-II, Palam Colony, New Delhi - 77, do hereby

solemnly affirm and state on oath as under:-

1. That I am the Petitioner in the above matter

and well conversant with the facts of the case

as such competent to swear this affidavit.

2. That the contents of the accompanying Criminal

Writ Petition [para 1 to 4.], [Page 01 to 36]

and Synopsis and List of Dates (Page B to I’],

and I, As. and application for seeking

permission to appear and arguing in-person

having understood the contents thereof I say

that the facts state therein are correct which

are based on the official record.

3. That the Criminal Writ Petition Paper Book

contains total 57 pages.’

4. That the annexures are true copies of their

respective originals.

DEPONENT

VERIFICATION:

I, the above-named deponent do hereby verify that

the facts stated in the above affidavit are true to

my knowledge and belief. No part of the same is

false and nothing material has been concealed

therefrom.

Verified at New Delhi on this the 30th day of

August, 2016.

DEPONENT

ANNEXURE P-5

ORDER DATED 26.08.2016

Court Name: Ld. SDJM, Shri Nitin Kaushik

Court No.16-SDJM, CJM Division, Begusarai, Bihar

Case No : 5591/2013 Criminal Case Complaint (P)

u/s 498A/323 of IPC & u/s ¾ of D.P. Act.

Cause Title:Rina Kumari vs.Om Prakash Podddar & Ors

Case Type : Cr. Case Complaint (P)

Filing Number : 11329/2013

Filing Date: 07022011

Registration Date: 07022011

CNR NO : BRBE020028752011

Case Status

First Hearing Date : 05th December 2013

Next Hearing Date : 01st October 2016

Stage of Case : Appearence

Court No. and Judge : 16SDJM

Petitioner and Advocate

1) Rina Kumari

Address Vill Gandhi Chowk Pachamba Road

Ps Nagar

Respondent and Advocate

1) Omprakash Poddar and others

Address Vill R.Z.H 650 Kiddi Public School

Raj nagar Part 2 Palam Colony New Delhi

Acts

Under Act(s)

Under Section(s)

Indian Penal Code 498a/323

Dowry Prohibition (D.P) Act 3/4

History of Case Hearing

Registra

-tion No.

Judge Business

On Date

Hearing

Date

Purpose of

hearing

5591/2013 SDJM 05122013 04032014 Appearence

5591/2013 SDJM 04032014 20062014 Appearence

5591/2013 SDJM 20062014 16092014 Appearence

5591/2013 SDJM 16092014 19012015 Appearence

5591/2013 SDJM 19012015 22052015 Appearence

5591/2013 SDJM 22052015 31082015 Appearence

5591/2013 SDJM 31082015 05012016 Appearence

5591/2013 SDJM 05012016 05032016 Appearence

5591/2013 SDJM 05032016 10062016 Appearence

5591/2013 SDJM 10062016 26082016 Appearence

5591/2013 SDJM 26082016 01102016 Appearence

http://services.ecourts.gov.in/ecourtindia/

http://services.ecourts.gov.in/ecourtindia/



I.A.NO.15620 OF 2016

IN


IN THE MATTER OF:

OM PRAKASH & ANR …………..PETITIONER

VERSUS


APPLICATION FOR SEEKING PERMISSION TO

APPEAR AND ARGUE THE WRIT PETITION

(CRIMINAL) IN-PERSON

To

Hon'ble the Chief Justice of India and

His Lordship's Companion Justices of

the Supreme Court of India. The

Humble petition of the Petitioner

abovenamed.

MOST RESPECFULLY SHOWETH:

1. That the above named petitioner has filed the

accompanying present petition under Article 32 of

the Constitution of India to enforce the Rights

under Article 21 of the Constitution of India to

quash the order dated 26.08.2016 in case No.5591 of

2013 u/s 498A passed by the Ld. SDJM Court No.16,

Ld. CJM Division at Begusarai under the

jurisdiction of Hon’ble High Court of Patna which

has directly infringed the Fundamental Rights of

the petitioner under Article 21 of the constitution

of India whereby and where the Ld. CJM cum PIO has

furnished the false RTI reply against the same

question of law laid down in the petition and has

erred in holding the frivolous criminal proceedings

for the same cause of action which has been settled

by the Hon’ble High Court of Delhi in MAT. APPL.

7/2012 on 23.07.2013, which has resulted in

miscarriage of justice, the contents of which are

requested to be read as part of this application,

as the same are not being repeated here for the

sake of brevity.

2. That the Central Information Commission (CIC)

order dated 25.09.2014 has not been complied by all

the three tier of legal Aid Institutions in India

whereby and where petitioner has been denied access

to services of legal Aid directly and indirectly,

which has resulted in wrong judgment by the Ld.

Trial Court and extremely painful journey of

petitioner in person at all the three tier of

Hon’ble Indian Courts throughout seven years from

2010 to 2016. Petitioner is scared of Legal Aid.

Evidences have been placed on record against legal

aid institutions with this Writ Civil 90 of 2016.

3. Petitioner does not want to engage any

Advocate against his Writ Petition (Criminal)no.

136 of 2016 even if so provided by this Hon’ble

Court.

4. That the Petitioner is well conversant with the

facts of the case and competent enough to argue the

case before this Hon’ble Court.

PRAYER

It is most respectfully prayed that this Hon’ble

Court may be pleased to:

(a) Kindly permit the Petitioner to appear and

argue the Writ Petition (Criminal) in-person.

b) Pass such other order/orders as this Hon'ble

Court may deem just and proper in the facts

and circumstances of the case.

DRAWN & FILED BY:


OM PRAKASH

NEW DELHI:

FILED ON :30.08.2016.




IN THE MATTER OF:

OM PRAKASH & ANR ..PETITIONER

VERSUS

STATE OF BIHAR & ORS …….RESPONDENT

AFFIDAVIT

I, Om Prakash S/o Late D. N. Poddar, aged 42 years,

R/o RZF/893, Netaji Subash Marg, Raj Nagar Part-II,

Palam Colony, New Delhi - 77, do hereby solemnly

affirm and state on oath as under:-




2. That the contents of the accompanying

application Under Section 151 C.P.C. for

seeking permission to appear and argue the Writ

Petition (Criminal) in person, which has been

drafted by me [para 01 to 04.], [Page 45 to 47]

and I, As. and having understood the contents

thereof I say that the facts state therein are

correct which are based on the official record.

3. That the accompanying application Under Section

151 C.P.C. for permission in person total 03

pages.’

DEPONENT

VERIFICATION:





therefrom.


August, 2016.

DEPONENT

To, Date:07.09.2016

The Registrar Judicial

Supreme Court of India

New Delhi

Sub: Clarifications sought in para 07, 08, 09,

10,11,14,16, 17 and 19 in the WP Defects vide diary

no.29045 dated 30.08.2016.

Hon’ble Sir,

Clarifications sought in the above mentioned

defects in para 07 is given below:-

Ans. of Para 07:

Petitioner has indicated reasons for not willing to

accept an Advocate appointed for him by the Hon’ble

Court in para no.02 and 03 of the Application for

Permission to appear and argue.



Ans. of Para 08:

Ground K: mother is the permanent resident of

Sonaili, Katihar Bihar residing since 1946.

However, the petitioner is the permanent resident

of Delhi residing since 1992. It is evident from

the University records of JNU and Delhi School of

Social Work, University of Delhi (North Campus) and

Indian Law Institute at New Delhi.

Ground L: 1. Untimely death of my father in

occurred 2007; 2. Untimely death of my maternal

uncle occurred in 2012; 3. Untimely death of my

cousin sister occurred in 2015.

Ground M: Evidence has been placed on record on all

the three SLPs and Writ 90 of 2016. Since 2004 to

2009, criminal conspiracy through local leaders and

Mafia and since 2010 to till date, through Indian

Courts which is on the record of Ld. Trial Court at

New Delhi in the form of ex parte evidence,

witnesses by mother, sister and friend.

Ground N: Detailed evidence has been placed on

record with Writ (C) 90 OF 2016 against Mr.

Praveen Kumar, C&MD, IDPL for tapping and

terminating the service without payment of wages

within one month. Criminal conspiracy is also on

the record of all the three SLPs. It is also

evident from an application at Palam Village

Police Station, South West District of Delhi vide

diary no. 37B and complaint no.00081710571601332

dated 30.05.2016 for registration of criminal

complaint against the spoofed calls with life

threat u/s 200 of Cr.Pc. and registration of FIR

u/s 154(3) of Cr.Pc. Unique Health Identity

(UHID)No.101892169 of AIIMS, New Delhi issued

against the petitioner is on the record of AIIMS

Hospital Administration wherein it is evident of

the fact that the petitioner is undergoing

treatment with AIIMS at New Delhi.

Ground O: It is evident from the record of Ld.

Trial Court and Hon’ble High Court of Delhi. Matter

is ex parte and Hon’ble Judges have played a role

of respondent. Had the Hon’ble Judges not played a

role of Respondent the matter would have been

disposed of on 30.05.2011 itself? It is also

evident from RTI reply by Ld. Principal Judge, Ms.

Deepa Sharma, Ld. Family Court, Ld. Dwarka Court at

New Delhi dated 30.08.2011 against stopping the

whole court proceedings on 30.05.2011 and

generating a wrong order sheet alleging the

petitioner for requesting for adjournment of court

proceedings while the date was fixed for WS filing

by the client of respondent no.04. It is also

evident from RTI reply by Ld. PIO, Hon’ble High

Court of Delhi dated 27.08.2012 against Hon’ble

Justice Ms Veena Birbal, Hon’ble High Court of

Delhi for direct refusal to hear the petitioner in

person while respondent was ex parte and Delhi High

Court Legal Service Committee’s Advocate, Mr. Jai

Bansal allocated to the petitioner was absent

without the intimation to the petitioner. Records

of Ld. Trial Court and Hon’ble High Court of Delhi

are evident of this fact.

Ground P: Because the criminal case complaint (P)

no. 397C of 2011 new CIS generated No. 5591 of 2013

has been filed on 07.02.2011 and the client of

Respondent no.04 has appeared before Ld. Trial

Court at New Delhi on 09.02.2011 and supplied the

copy of case no. 9P of 2010 u/s 12 of domestic

violence and did not supply the copy of criminal

case complaint (P) no. 397C of 2011 new CIS

generated No. 5591 of 2013 u/s 498A to the Ld.

Trial Court at New Delhi and managed to get issued

NBW dated 08.09.2011, Process u/s 83 Cr.P.C. (this

information disclosed through RTI reply by Ld. CJM

cum PIO dated 27.08.2016) and continued to take

dates up till now without the Notice to the

petitioner with criminal intention. Respondent

no.04 was sitting in ambush by way of instituting a

frivolous criminal case u/s 498A with the help of

State Apparatus and sustaining it without the

knowledge of petitioner no.01 and 02 to attack the

petitioner no.01 and 02 at the time of her

convenience OR to repeat the whole Trial under the

jurisdiction of Hon’ble Patna High Court and to

convert it into the criminal Appeal by the

Petitioner no.01 and 02. It is pertinent to note

here that the petitioner no.01 has visited thrice

to his parental house in Bihar after winning the

case in 2013 by the Hon’ble High Court of Delhi.

The petitioner no.01 and 02 were totally unaware of

this fact that a criminal case u/s 498A is

continuing in the Ld. CJM division Begusarai and

NBW has been issued process u/s 83 of Cr.Pc. It is

absolutely a backstabbing plan of the client of

respondent no.04. An offence of perjury has been

committed with the help of State Apparatus and

internal legal practitioners of Ld. District Court

Begusarai. Respondent 04 is the State agent and has

filed case no. 9P of 2010 u/s 12 of domestic

violence on behalf of the state for her client and

is the legal practitioner at Ld. District Court

Begusarai. Hence, both belong to the category of

executives and both executives are planning to

repeat the same episode as we all have witnessed

the episode inside the court premises of Ld.

Patiala House Court in Kanahiya case on 17th Feb

2016. It is because the petitioner has won the case

from the Hon’ble High Court of Delhi dismantling

the evil design of respondent no.04 therefore they

have planned another criminal conspiracy to succeed

in their nasty game.

Ground Q: It is evident from the record of Ld.

Trial Court wherein the ex parte evidence,

witnesses of mother, sister and friend have been

placed on record.

Ground AA:

CIC order dated 25.09.2014 has not been replied

back by the Delhi State Legal Service Authority and

NALSA letter has not been replied back by all the

three tier of legal Aid Institutions in India

whereby and where petitioner has been denied access

to services of legal Aid directly and indirectly

which has impacted in wrong judgment and painful

journey throughout 7 years. No action has been

taken against the concerned legal Aid Advocates.

Petitioner is aggrieved by this and scared of Legal

Aid Advocate. Evidence has been placed on record

with the Writ (C) 90 of 2016.

Hence, I would pray not to engage any Advocate

against my case.



Ans. of Para 09:

Because the cause of action is the same and the

jurisdictions of two states are involved in it. The

first cause of action arose in the south west

district of Delhi and has been settled by the

Hon’ble High Court of Delhi on 23.07.2013 on the

ground of certified copy of Ld. District Court,

Begusarai Bihar, in MAT. APPL. No. 7 of 2012.

Trial for the same cause of action cannot be

conducted in the two states by two Hon’ble High

Courts at different point of time after the

settlement by one Hon’ble High Court.

Moreover, the criminal case u/s 498A is

maintainable in the South West District of Delhi

and F.I.R is to be lodged at Palam Village Police

Station, south west district at New Delhi wherein

the client of Respondent No.04 has last resided

till 15.04.2005. However, in this matter the client

of Respondent No.04 has filed a criminal case

complaint u/s 498A in the state of Bihar after a

gap of 2 years on 07.02.2011 without an F.I.R and

without the intimation to the petitioner no.01 and

02 as on date.

Nevertheless, India is an independent Country and

does not have been left with any Princely State

which will be governed by its own State’s Law.

Indian states are quasi federal and the matter

falls within the jurisdiction of Hon’ble Supreme

Court of India who is competent to look into the

matter of two states jurisdiction. Hence, Writ

Petition is maintainable in view of prayers (i) and

(ii) for quashing the order dated 26.08.2016 passed

by SDJM.



Ans. of Para 10:

Yes. The petitioner has approached the concerned

authority on many occasions viz. Hon’ble President

of India helpline has forwarded the grievances of

petitioner vide registration no. PRSEC/E/2016/06805

to the Department of Justice, Government of India

and Department of Justice has forwarded it to the

Hon’ble Registrar General of Hon’ble Patna High

Court on 08.06.2016 for further action as

appropriate; the Department of Justice, Government

of India has forwarded another online RTI

application of the petitioner to the Hon’ble

Registrar General of Hon’ble Patna High Court on

05.07.2016 for necessary action vide letter No.

15011/96/2016-Jus(AU) dated 05.07.2016; the Hon’ble

Chief Minister of Bihar Secretariat has found the

online grievances no. 999990118071603221 &

999990118071603224 dated 18.07.2016 of the

petitioner against Ld. CJM Court Begusarai and

women protection officer, Begusarai under the

negative list and forwarded it to the Law

Department, Government of Bihar for requisite reply

and necessary action and the petitioner directly

has filed RTI application on 17.08.2016 before the

Deputy Secretary-cum-Public Information Officer,

Law Department, Government of Bihar against

Advocate Gopal Kumar, Ld. district court Begusarai

and his wife Women Protection Officer, Ms Veena

Kumari, Begusarai.

Out Come:

1. No action has been taken rather extended the

next date of hearing of criminal proceedings in

criminal case complaint (P) no. 5591 of 2013

u/s 498A on 01.10.2016.

2. False and frivolous RTI reply no. 438 dated

27.08.2016 has been furnished by Ld Chief

Judicial Magistrate cum Public Information

Officer declining “the application for

cancellation of NBW dated 25.08.2010 against

case no. 9P/2010 u/s 12 of domestic violence

Act pending before the court of Ld. Shri Atul

Kumar Pathak, 1st Class J.M., Ld. CJM Division,

Ld. District Court Begusarai was never pressed

before court, so no order was passed upon it

and neither the petitioner no. 01 and 02 nor

their advocate had appeared before the court

(Clear from order dated 02/5/2011)” while the

petitioner no.01 has filed the same through his

advocate on 03.03.2011, certified copy of the

same is placed on the record of Ld. Trial Court

at New Delhi by the petitioner no.01 and on the

ground of which, Judgement has been pronounced

by the Hon’ble High Court of Delhi in MAT.

APAL. 7 of 2012.



Ans. of Para 11:

Respondent No. 03 represents the Ld. Trial Court

under the Jurisdiction of Hon’ble Patna High Court

wherein the present criminal proceedings u/s 498A

is pending while respondent no.04 is representing

the Advocate of State of Bihar under Bar Council

who has managed to get issued a frivolous NBW

against petitioner no.01 and 02 after a gap of 6

years for his own vested interest. Respondent no.04

is representing as a state agent for protection of

women against domestic violence for her client.

Respondent no.03 comes under Judiciary while the

respondent no.04 comes under executives. Respondent

no. 04 has presented the misleading facts before

the respondent no.03 for their own vested interest.

Respondent no.04 has concealed the material fact,

committed an offence of perjury, placed a distorted

picture of case history and obstructed the right

delivery of Order/Judgment by the respondent no.03.



Ans. of Para 14:

Para 02 of application for permission to appear and

argue deals with Legal Aid Advocates. Delhi State

Legal Service Authority, Department of Legal

Affairs has not replied back CIC order dated

25.09.2014 and NALSA letter has not been replied

back by all the three tier of legal Aid

Institutions in India whereby and where petitioner

has been denied access to services of legal Aid

directly and indirectly which impacted in wrong

judgment and painful journey throughout 7 years. No

action has been taken against the concerned legal

Aid Advocates. Petitioner is aggrieved by this and

scared of Legal Aid. Evidence has been placed on

record with the Writ (C) 90 of 2016.

Hence, I would pray not to engage any Advocate

against my case.



Ans. of Para 16:

Yes. SLPs and Writ filed earlier as mentioned at

page No.15 and 34 of W.P. arises out of similar

issue but the cause of action is different. All

petitions filed earlier contain how State Apparatus

and Mafia involved in criminal conspiracy against a

vulnerable common man? It is also evident from RTI

reply by Ld. Principal Judge, Ms. Deepa Sharma, Ld.

Family Court, Ld. Dwarka Court at New Delhi dated

30.08.2011 against stopping the whole court

proceedings on 30.05.2011 and generating a wrong

order sheet alleging the petitioner for requesting

for adjournment of court proceedings while the date

was fixed for WS filing by the client of respondent

no.04. It is also evident from RTI reply by Ld.

PIO, Hon’ble High Court of Delhi dated 27.08.2012

against Hon’ble Justice Ms Veena Birbal, Hon’ble

High Court of Delhi for direct refusal to hear the

petitioner in person while respondent was ex parte

and Delhi High Court Legal Service Committee’s

Advocate, Mr. Jai Bansal of the petitioner was

absent without the intimation to the petitioner.

Records of Ld. Trial Court and Hon’ble High Court

of Delhi are evident of this fact.



Ans. of Para 17:

Prayer (i) & (ii) redrafted and is correct &

specific as per my knowledge.



Ans. of Para 19:

NO. Respondent no.03 and 04 are not the same.

Respondent No. 03 represents the Ld. Trial Court

under the Jurisdiction of Hon’ble Patna High Court

wherein the present criminal proceedings u/s 498A

is pending while respondent no.04 is representing

the Advocate of State of Bihar under Bar Council

who has managed to get issued a frivolous NBW

against petitioner no.01 and 02 after a gap of 6

years for his own vested interest. Respondent no.03

comes under Judiciary while the respondent no.04

comes under executives.

Filed on: 07.09.2016 OM PRAKASH

New Delhi: PETITIONER IN PERSON



I.A.NO.16605 OF 2016

IN


IN THE MATTER OF:


VERSUS


APPLICATION FOR SEEKING PERMISSION TO

GRANT SPECIAL POWER OF ATTORNEY TO

PETITIONER NO.01 TO APPEAR AND ARGUE THE

WRIT PETITION (CRIMINAL) NO. 136 OF 2016

ON BEHALF OF PETITIONER NO.02.

To

Hon'ble the Chief Justice of India and

His Lordship's Companion Justices of



abovenamed.


5. That the above named petitioner has filed the

accompanying present petition under Article 32 of

the Constitution of India to enforce the Rights

under Article 21 of the Constitution of India to

quash the order dated 26.08.2016 in case No.5591 of

2013 u/s 498A passed by the Ld. SDJM Court No.16,

Ld. CJM Division at Begusarai under the

jurisdiction of Hon’ble High Court of Patna which

has directly infringed the Fundamental Rights of

the petitioner under Article 21 of the constitution

of India whereby and where the Ld. CJM cum PIO has

furnished the false RTI reply against the same

question of law laid down in the petition and has

erred in holding the frivolous criminal proceedings

for the same cause of action which has been settled

by the Hon’ble High Court of Delhi in MAT. APPL.

7/2012 on 23.07.2013, which has resulted in

miscarriage of justice, the contents of which are

requested to be read as part of this application,

as the same are not being repeated here for the

sake of brevity.

6. That BY THIS POWER OF ATTORNEY I, Widow Asha

Devi, wife of Late Shri Deep Narayan Poddar,

residing at ASHA DEEP NIWAS, Vill-Kantiya

Panchayat, Shukkar Haat Sonaili, in front of

Durga Mandir, P.S. Kadwa, Distt-Katihar,

Bihar-855114 being petitioner no.02 in Writ

Petition (Criminal) 136 of 2016 before this

Hon’ble Court do hereby authorize/ appoint

Shri Om Prakash, petitioner no.01 S/O Late

Shri Deep Narayan Poddar residing at RZF-893,

Netaji Subhash Marg, Raj Nagar, Part-2, Palam

Colony, New Delhi-110077 my attorney in my name

and on my behalf to appear and argue the Writ

Petition (Criminal) no.136 of 2016 before this

Hon’ble Court.

7. That N.B.W dated 08.09.2011 u/s 498A process

u/s 83 Cr.Pc. has been issued against petitioner

no.02 as well which has been disclosed by the Ld.

CJM Begusarai through RTI reply dated 27.08.2016.

8. That petitioner no.02 is an oxygen dependent

COPD patient and undergoing treatment with AIIMS at

New Delhi which is on the Hon’ble Supreme Court

Record with SLP(C) no. 9854/2012, SLP(C) no.

9483/2013 and SLP(C) no. 19073/2013, therefore she

is unable to attend the proceedings of this Hon’ble

Court.

PRAYER



(a) Kindly permit the Petitioner no. 02 to grant

special power of attorney to petitioner no.01

to appear and argue the Writ Petition

(Criminal) no. 136 of 2016 before this Hon’ble

Court on behalf of petitioner no.02.




DRAWN & FILED BY:

PETITIONER NO.02

WIDOW ASHA DEVI

NEW DELHI:

FILED ON :29.09.2016.




IN THE MATTER OF:


VERSUS


AFFIDAVIT

I, Widow Asha Devi W/o Late Deep Narayan Poddar,

aged about 70 years, R/o ASHA DEEP NIWAS, Vill-

Kantiya Panchayat, Shukkar Haat Sonaili, in

front of Durga Mandir, P.S. Kadwa, Distt-

Katihar, Bihar-855114, do hereby solemnly affirm

and state on oath as under:-

1. That I am the Petitioner no.02 in the above

matter and well conversant with the facts of

the case as such competent to swear this

affidavit.



seeking permission to grant special power of

Attorney to petitioner no.01 to appear and

argue the Writ Petition (Criminal) No. 136 of

2016 on behalf of petitioner no.02, which has

been drafted under my instruction [para 01 to

04.], [Page 01 to 04] and I, As. and having

understood the contents thereof I say that the

facts state therein are correct which are based

on the official record.


151 C.P.C. for permission to grant special

power of Attorney to petitioner no.01 total

04 pages.’

DEPONENT

VERIFICATION:





therefrom.


September, 2016.

DEPONENT




BETWEEN

3. Om Prakash ………PETITIONER NO.01

S/O Late Sh Deep Narayan Poddar

R/O RZF-893, Netaji Sbhash Marg

Raj Nagar Part-2,

Palam Colony

New Delhi-110077

4. Widow Asha Devi ……PETITIONER NO.02

W/o Late Sh. Deep Narayan Poddar

R/O ASHA DEEP NIWAS

Vill-Kantiya Panchayat,

Shukkar Haat Sonaili,

In front of Durga Mandir

P.S. Kadwa, Distt-Katihar

Bihar-855114

VERSUES

5. State of Bihar ….RESPONDENT No.01

Through Chief Secretary,

Old Secretariat, Patna-800015

6. The Hon’ble Patna ….RESPONDENT No.02

High Court,

Through

Hon’ble Registrar General,

Patna High Court

Patna-800028

7. Ld. CJM Court ….RESPONDENT No.03

Through Ld. CJM

Begusarai, Bihar

Civil Court, Ld. CJM Division

at Begusarai, Bihar

8. The Secretary ….RESPONDENT No.04

Cum-Legal Remembrancer

Law Department, Government of Bihar

Main Secretariat Patna-800015

APPLICATION BEFORE THE HON’BLE CHIEF

JUSTICE OF INDIA FOR MENTIONING OF

FRESH MATTER URGENT LISTING EARLIER

THAN THE SCHEDULED DATE AND URGENT

RELIEF IS SOUGHT AGAINST WRIT PETITION

CRIMINAL 136 OF 2016.

To

Hon'ble the Chief Justice of India and His

Lordship's Companion Justices of the

Supreme Court of India. The Humble

application of the Petitioner abovenamed.

MOST RESPECTFULLY SHEWETH:

GROUNDS FOR URGENT LISTING

1. That the petitioner has filed the Writ Petition

Criminal 136 of 2016 on 30.08.2016 and the

matter has got registered on 22.09.2016 and the

same is pending for listing.

2. That the matter pertains to the main subject

categories of criminal matter vide code no. 14

and sub category of matter for quashing of

criminal proceedings vide code no. 1429.

3. That N.B.W dated 08.09.2011 process u/s 83

Cr.Pc. in 498A Criminal Case Complaint (P)

No.5591 of 2013 has been issued by the Ld. CJM

Division Begusarai under the Judicature of

Hon’ble Patna High Court against petitioner

no.01 and petitioner no.02 without the

knowledge of petitioners and after the

settlement of the matter on the ground of

certified copy of domestic violence case no. 9P

of 2010 of Ld. CJM Court Begusarai by the

Hon’ble High Court of Delhi in MAT. APPL. NO. 7

of 2012 on 23.07.2013; which has been disclosed

by the Ld. CJM, Begusarai through RTI dated

27.08.2016.

4. That the petitioner no.02 is Senior Citizen

oxygen dependent widow women.

5. That the matter is interlinked with old matters

of this Hon’ble Court vide SLP(C) no.

9854/2012, SLP(C) no. 9483/2013, SLP(C) no.

19073/2013 and Writ (C) 90 of 2016.

6. That the matter is also interlinked with

harassment of OBC and senior citizen oxygen

dependent widow women petitioner no.02.

7. That the matter is also interlinked with the

Prevention of Corruption.

8. That the matter is short matter.

9. That the life or personal liberty of the

petitioner no.01 and petitioner no.02 is at

stake.

10. That for the first time, this year; the

petitioner no.01 and 02 is being compelled to

cancel their routine annual home visit on the

eve of Durga Puja.

11. That petitioner no. 02 has filed an

application for seeking permission to grant

special power of Attorney to petitioner no.01

to appear and argue the Writ petition

(Criminal) no. 136 of 2016 on behalf of

petitioner no.02 on 29.09.2016.

12. That petitioner no.02 is an oxygen

dependent COPD patient and undergoing treatment

with AIIMS at New Delhi which is on the Hon’ble

Supreme Court Record with SLP(C) no. 9854/2012,

SLP(C) no. 9483/2013 and SLP(C) no. 19073/2013,

therefore she is unable to attend the

proceedings of this Hon’ble Court.

13. That the urgent relief is sought for

cancellation of N.B.W process u/s 83 Cr.Pc.

dated 08.09.2011 issued against petitioner

no.01 and petitioner no.02 and quashing of

criminal proceedings u/s 498A in Criminal Case

Complaint (P) No.5591 of 2013 pending before

the Ld. CJM Division Begusarai under the

Judicature of Hon’ble Patna High Court against

petitioner no.01 and petitioner no.02.

14. That petitioner no.01 and petitioner no.02

is putting up the matter for urgent listing

before the Hon’ble Chief Justice of India.

-:PRAYER:-

In the above premises, it is prayed that this

Hon'ble Court may be pleased:

(iv) To order for urgent listing of Writ

petition Criminal 136 of 2016 on

priority basis.

(v) To pass such other orders and

further orders as may be deemed

necessary on the facts and in the

circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER

SHALL AS INDUTY BOUND, EVER PRAY.

DRAWN & FILED BY:

PETITIONER NO.01 IN PERSON

OM PRAKASH

NEW DELHI:

FILED ON :03.10.2016.




IN THE MATTER OF:


VERSUS


AFFIDAVIT

I, Om Prakash S/o Late Shri Deep Narayan Poddar,

aged about 43 years, R/o RZF-893, Netaji Subhash

Marg, Raj Nagar Part-2, Palam Colony, New Delhi-

110077, do hereby solemnly affirm and state on oath

as under:-

1. That I am the Petitioner no.01 in the above

matter and well conversant with the facts of

the case as such competent to swear this

affidavit.



mentioning of fresh matter listing earlier than

the scheduled date and urgent relief is sought

against Writ Petition (Criminal) No. 136 of

2016 before the Hon’ble Chief Justice of India,

which has been drafted by me [para 01 to 14.],

[Page 01 to 09] and I, As. and having





151 C.P.C. for urgent listing of matter totals

09 pages.’

DEPONENT

VERIFICATION:





therefrom.

Verified at New Delhi on this the 3rd day of

October,2016.

DEPONENT



I.A.NO. OF 2016

IN


IN THE MATTER OF:


VERSUS


APPLICATION FOR LISTING WRIT PETITION

CRIMINAL 136 OF 2016 BEFORE THE

CONSTITUTION BENCH OF SEVEN JUDGES BENCH.

To

Hon'ble the Chief Justice of India of



abovenamed.


1. That the above named petitioner has

filed the accompanying present petition under

Article 32 of the Constitution of India to

enforce the Rights under Article 21 of the

Constitution of India to quash the order dated

26.08.2016 in case No.5591 of 2013 u/s 498A

passed by the Ld. SDJM Court No.16, Ld. CJM

Division at Begusarai under the jurisdiction of

Hon’ble High Court of Patna which has directly

infringed the Fundamental Rights of the

petitioner under Article 21 of the constitution

of India whereby and where the Ld. CJM cum PIO

has furnished the false RTI reply against the

same question of law laid down in the petition

and has erred in holding the frivolous criminal

proceedings for the same cause of action which

has been settled by the Hon’ble High Court of

Delhi in MAT. APPL. 7/2012 on 23.07.2013, which

has resulted in miscarriage of justice, the

contents of which are requested to be read as

part of this application, as the same are not

being repeated here for the sake of brevity.

2. That the petitioner had applied

for urgent mentioning of the matter before

Hon’ble the Chief Justice of India through

Mentioning officer of this Hon’ble Court

without routing through the registry on the

following grounds viz. Senior Citizen

woman, harassment of OBC woman, prevention

of corruption, issuance of N.B.W dated

08.09.2011 process u/s 83 Cr.Pc. without

the knowledge of petitioner and after the

settlement of the same matter by the

Hon’ble High Court of Delhi on 23.07.2013

in MAT. APPL. 7 of 2012, apprehension of

demolition of property, interlinkages of

matter with old matter of this Hon’ble

Court and short matter, as has been laid

down in the handbook of this Hon’ble Court.

3. That the Mentioning officer

initially returned the URGENT mentioning

application of the petitioner on 06.10.2016

as it does not qualify the ground for

urgency to mention before Hon’ble the Chief

Justice of India. Mentioning officer asked

very surprising question from the

petitioner. Why have you not executed the

N.B.W so far? How did you know about

N.B.W.? How it came into your mind to file

RTI against Ld. CJM Begusarai?

4. That the Mentioning officer then

consulted Registrar and reverted back after

1 and half hour and took back the urgent

mentioning application of the petitioner in

the evening of 06.10.2016 and directed the

petitioner to check the evening mentioning

cause list for 07.10.2016.

5. Hence the Court No.06 was allocated

for mentioning instead of Hon’ble the Chief

Justice of India’s Court.

6. That the Mentioning officer of

this Hon’ble Court has intentionally routed

my urgent mentioning application through

registry in the evening of 06.10.2016

despite of my protest to directly allow me

for mentioning before Hon’ble the Chief

Justice of India as per the provisions laid

down in the handbook of this Hon’ble Court.

7. Hence, the petitioner is aggrieved by

the intentional act of Mentioning officer for

listing the matter before the Court No.06 as

the same Hon’ble bench of this Court No.06 has

dismissed the Writ (C) 90 of 2016, although the

petitioner had apprised the Hon’ble Court

through interlocutory applications that 498A

has been instituted in the state of Bihar even

after the settlement of the same matter by the

Hon’ble High Court of Delhi.

8. That the petitioner has submitted

before the Hon’ble Court No.06 to grant me

liberty to mention the matter before Hon’ble

the Chief Justice of India’s Court. Hence,

order dated 07.10.2016 has been passed by the

Hon’ble Court No. 06 in Writ (Crl.) 136 of

2016.

9. That the petitioner being called on

17.10.2016 by the mentioning officer for fresh

application however petitioner being harassed

whole day from PRO to mentioning officer and

directly refused by the mentioning officer as

his role is over now.

10. That the petitioner no.02 has

submitted Letter-Petition dated 08.10.2016 and

13.10.2016 before Hon’ble the Chief Justice of

India through email; speed post; and by hand

respectively against rampant atrocities on

Senior Citizen, Oxygen dependent, uneducated,

OBC, voiceless, rural woman in two states viz.

Bihar as well as in Delhi since 12 years.

Letter-Petition dated 19.08.2016 vide diary no.

35529 has been rejected by this Hon’ble Court

as it did not cover under the guideline of PIL;

although the matter in the larger public

interest.

11. That the petitioner no.02 had two members

nuclear family i.e. an above the knee amputee

diabetic Rtd. Head Master husband who was

passing urine and stool through catheter, an

unemployed single son completing his education

at New Delhi and herself.

12. Since 2004 to 2009, criminal

conspiracy through local leaders and Mafia and

since 2010 to till date, through Indian Courts.

13. Everything has been finished. 12 years

long criminal conspiracy has taken away the

life of my above the knee amputee husband

untimely in 2007 and she (she and her ailing

son) have been kept captive and house arrest

virtually.

14. That the criminal trespass has been

committed by Mr. Bihari Lal Bubna, an elected

PRI leader with the consent of S.P. of Katihar.

House of petitioner has been turned into public

Toilet with the posters which has been placed

on record with Writ (C) 90 of 2016 before this

Hon’ble Court through interlocutory

application. False police enquiry report has

been submitted by the S.P. Katihar to the Chief

Minister Secretariat denying the very fact of

the incident. However, the villagers have sent

us the snaps of public toilet through Watsup

which has been declined by the police enquiry

report.

15. How State Apparatus and Mafia are involved

in criminal conspiracy against a vulnerable OBC

senior citizen oxygen dependent voiceless widow

woman in two states viz. Delhi & Bihar since

2004 has been apprised before the Hon’ble

Supreme Court of India from time to time

through SLP(C) no. 9854/2012, SLP(C) no.

9483/2013, SLP(C) no. 19073/2013 and Writ (C)

90 of 2016?

16. That two states jurisdictions

involved into this matter.

17. That the matter is a constitutional.

It is the concern of all citizens. Thus, after

winning from one High Court one cannot go to

another High Court for the same cause of action

and for the same relief.

18. That, two N.B.W has been issued by

the same Ld. CJM division Begusarai for the

same cause of action against the same accused

on different dates without F.I.R and police

diary after a gap of 5 years from the date of

occurrence. One N.B.W dated 25.08.2010 u/s 12

of domestic violence Act in Criminal Case

Complaint (P) No. 9P of 2010 and second N.B.W.

dated 08.09.2011 process u/s 83 Cr.Pc. in 498A

Criminal Case Complaint (P) No.5591 of 2013 has

been issued by the same Ld. CJM Division

Begusarai under the Judicature of Hon’ble Patna

High Court against the petitioner no.01 & 02,

wherein, N.B.W dated 25.08.2010 is open and on

the record of Ld. Trial Court at New Delhi and

the Hon’ble Supreme Court of India while N.B.W

dated 08.09.2011 has been kept secret by the

Ld. CJM division Begusarai. Records of

application for cancellation of N.B.W dated

25.08.2010 has been erased by the Ld. CJM Court

Begusarai which has been disclosed through RTI

reply dated 27.08.2016. However, the records

are available at Ld. Trial Court at New Delhi

on the ground of which Hon’ble High Court of

Delhi has pronounced Judgment in MAT.APPL. NO.

7 of 2012 on 23.07.2013.

19. That upon direct refusal by

mentioning officer to allow the petitioner to

mention the matter before Ho’nble the Chief

Justice of India as per the provisions laid

down in the handbook of Hon’ble Supreme Court

of India and the schedule listing of the matter

fixed by the registry on 21.10.2016; the

petitioner has been left with no option but to

file an application for listing this matter

before the constitution bench of seven Judges.

PRAYER



(a) Kindly list the Writ Criminal 136 of 2016

before the Constitution Bench of Seven Judges.




DRAWN & FILED BY:


OM PRAKASH

NEW DELHI:

FILED ON :18.10.2016. VIDE DIARY NO.77878.




IN THE MATTER OF:


VERSUS


AFFIDAVIT

I, Om Prakash S/o Late D. N. Poddar, aged 42 years,

R/o RZF/893, Netaji Subash Marg, Raj Nagar Part-II,

Palam Colony, New Delhi - 77, do hereby solemnly

affirm and state on oath as under:-






listing the Writ Petition (Criminal) 136 of

2016 before the Constitution bench of Seven

Judges, which has been drafted by me [para 01

to 19.], [Page 01 to 09] and I, As. and having





151 C.P.C. for permission in person total 09

pages.’

DEPONENT

VERIFICATION:





therefrom.


October,2016.

DEPONENT