Supreme Court Petition Challenges Criminal Proceedings

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-pat@aij.gov.in and
ecommittee@aij.gov.in.
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,

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-pat@aij.gov.in and
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-pat@aij.gov.in and
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:
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: 07-02-2011
Registration Date: 07-02-2011
CNR NO : BRBE02-002875-2011
Case Status
First Hearing Date : 05th December 2013
Next Hearing Date : 01st October 2016
Stage of Case : Appearence
Court No. and Judge : 16-SDJM
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 05-12-2013 04-03-2014 Appearence
5591/2013 SDJM 04-03-2014 20-06-2014 Appearence
5591/2013 SDJM 20-06-2014 16-09-2014 Appearence
5591/2013 SDJM 16-09-2014 19-01-2015 Appearence
5591/2013 SDJM 19-01-2015 22-05-2015 Appearence
5591/2013 SDJM 22-05-2015 31-08-2015 Appearence
5591/2013 SDJM 31-08-2015 05-01-2016 Appearence
5591/2013 SDJM 05-01-2016 05-03-2016 Appearence
5591/2013 SDJM 05-03-2016 10-06-2016 Appearence
5591/2013 SDJM 10-06-2016 26-08-2016 Appearence
5591/2013 SDJM 26-08-2016 01-10-2016 Appearence
http://services.ecourts.gov.in/ecourtindia/

I.A.NO.15620 OF 2016
IN
IN THE MATTER OF:
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:-
1.That I am the Petitioner in the above matter
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.
day of
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.
day of
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:-
1.That I am the Petitioner in the above matter
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.
day of
October,2016.
DEPONENT

Supreme Court Petition Challenges Criminal Proceedings

Recommandé

Recommandé

Contenu connexe

Tendances

Tendances (20)

En vedette

En vedette (18)

Similaire à Supreme Court Petition Challenges Criminal Proceedings

Similaire à Supreme Court Petition Challenges Criminal Proceedings (20)

Plus de Om Prakash Poddar

Plus de Om Prakash Poddar (20)

Dernier

Dernier (20)

Supreme Court Petition Challenges Criminal Proceedings