1. IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
I.A.NO. OF 2016
IN
CRIMINAL WRIT PETITON NO. 136 OF 2016
IN THE MATTER OF:
OM PRAKASH & ANR …………..PETITIONER
VERSUS
STATE OF BIHAR & ORS ….RESPONDENT
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
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

2. 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

3. 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

4. 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.

5. 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

6. 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.

7. 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.

8. 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

9. petitioner has been left with no option but to
file an application for listing this matter
before the constitution bench of seven Judges.
PRAYER
It is most respectfully prayed that this Hon’ble
Court may be pleased to:
(a) Kindly list the Writ Criminal 136 of 2016
before the Constitution Bench of Seven Judges.
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:
PETITIONER IN PERSON
OM PRAKASH
NEW DELHI:
FILED ON :18.10.2016. VIDE DIARY NO.77878.

10. IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CRIMINAL WRIT PETITON NO. 136 OF 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
and well conversant with the facts of the case
as such competent to swear this affidavit.
2. That the contents of the accompanying
application Under Section 151 C.P.C. for
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
understood the contents thereof I say that the

11. 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 09
pages.’
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 18th
day of
October, 2016.
DEPONENT