M.A. D.No.42652 of 2019 in W.P. (Crl) 136 of 2016 before Supreme Court of India dated 27.11.2019

IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
M.A. D.NO.42652 OF 2019
IN
WRIT PETITION CRIMINAL NO. 136 OF 2016
IN THE MATTER OF:
OM PRAKASH & ANR …………..PETITIONER(S)
VERSUS
STATE OF BIHAR & ORS ….RESPONDENT(S)
I.A. NO. OF 2019
APPLICATION FOR DIRECTION
PAPER BOOK
(FOR INDEX KINDLY SEE INSIDE)
PETITIONER IN PERSON
OM PRAKASH
ON BEHALF OF PETITIONER NO.02
LATE SMT. ASHA RANI DEVI

INDEX
S.N Particulars Page No.
1. Memo of Appearance ‘A’
2. M.A.D.NO.42652 of 2019 1-40
Application for Direction
along with Affidavit
3. Annexure: P-1 41-52
True Copy of certified copies
of divorce Judgment dated
23.07.2013 by High Court of Delhi
4.Annexure: P-2 53-54
True copy of certified copies of
office report dated 20.10.2016 in
Writ Petition (Criminal) No.136 of
2016 by Supreme Court of India
5. Annexure: P-3 55
True copy of certified copy of
order dated 21.10.2016 in Writ
Petition (Criminal) No.136 of 2016
by Supreme Court of India
True copies of RTI reply dated
20.09.2017 by District and Session
Judge, Begusarai
7. Annexure: P-5 61

True copy of Police report dated
11.11.2017 against the suspicious
death of Petitioner No.02 Srmt.
Asha Rani Devi
8. Annexure: P-6 62
True copy of police statement dated
11.11.2017 by her son petitioner
no.01 against the suspicious death
of Petitioner No.02 Srmt. Asha Rani
Devi
True copies of postmortem report of
petitioner no.02 dated 11.11.2017
against the suspicious death of
Petitioner No.02 Srmt. Asha Rani
Devi
10. Annexure: P-8 67
True copy of death certificate of
petitioner no.02 dated 11.11.2017
against the suspicious death of
Petitioner No.02 Srmt. Asha Rani
Devi
11. Annexure: P-9 68-69
True copies of case status at Patna
High Court website in Cr.WJC

No.1238 of 2019(Token
no.45078/2019) filed on 19.06.2019
12. Annexure: P-10 70-72
True copy of defects dated
04.07.2019 by Patna High Court in
Cr.WJC No.1238 of 2019 (Token
No.45078/2019)
13. Annexure: P-11 73-81
True copy of defects removal letter
dated 09.07.2019 by petitioner in
Cr.WJC No.1238 of 2019 (Token
No.45078/2019)
True copy of RTI JUSTC/R/2019/51675
dated 18.07.2019 against Patna High
court by the petitioner
15. Annexure: P-13 83-95
True copy of receiving copies of
police complaint/F.IR against
organized mob lynching of
petitioner by SP Katihar dated 09-
08-2019
True copy of certified copy of
Order dated 28.08.2019 by Patna

High Court in Cr.WJC No.1238 of
2019(Token No.45078/2019)
True copy of police inquiry report
dated 20.09.2019 against the mob
lynching and illegal detention of
petitioner by SP Katihar
18. Annexure: P-16 98-107
True copies of written arguments
along with Affidavit dated
16.10.2019 by petitioner in Cr.WJC
No.1238 of 2019(Token
no.45078/2019)
19. Annexure: P-17 108-110
True copy of RTI JUSTC/R/2019/52644
dated 18.10.2019 against Patna High
court by the petitioner
20. Annexure: P-18 111-113
True copies of police complaint
against PRI member Sarpanch Kantiya
Panchayat dated 15.11.2019 for
genealogy fraud by the petitioner

M.A. D.NO.42652 OF 2019
IN
WRIT PETITON CRIMINAL NO. 136 OF 2016
AND
IN THE MATTER OF ARTICLE 32
OF THE CONSTITUTION OF INDIA;
AND
IN THE MATTER OF THE
SUSPICIOUS DEATH OF SMT. ASHA
RANI DEVI PETITIONER NO.02;
AND
IN THE MATTER OF:
OM PRAKASH & ANR …………..PETITIONER
VERSUS
STATE OF BIHAR & ORS ….RESPONDENT
APPLICATION FOR DIRECTION
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. FACTS OF THE CASE
1.That the High Court of Delhi has delivered
divorce Judgment on 23.07.2013 in MAT.APPL.
7/2012 in favor of the petitioners after three
SLPs before Supreme Court of India.
True Copy of certified copies of divorce
Judgment dated 23.07.2013 by High Court of
Delhi is annexed herein as Annexure P-1 (Page
from 41 to 52).
2.That the petitioners have approached the
Supreme Court of India in the same matter on
21.10.2016 to impeach the proceedings in
Criminal Case Complaint (P)No. 5591 of 2013
under section 498(A) IPC secretly pending at
SDJM, Court no.16, CJM Division Begusarai. The
said complaint was sought to be quashed by the
petitioners by way of filing Writ Petition
(Criminal) No. 136 of 2016 whereby and where
petitioners have been given liberty to approach
High Court. The matter has been dismissed in
motion hearing with incomplete
matters/IAs/Order/Crl.MPs before Supreme Court
of India. As per the office report dated
20.10.2016 in W.P.(Criminal) 136 of 2016, “it

is further submitted that the petitioner-in-
person has on 18.01.2016 filed an application
for listing the instant writ petition before
Constitution bench of seven judges. A copy of
the application is being circulated herewith as
unregistered.”
True copy of certified copies of office report
dated 20.10.2016 in Writ Petition (Criminal)
No.136 of 2016 is annexed herein as Annexure P-
2 (page no 53 to 54)
True copy of certified copy of order dated
21.10.2016 in Writ Petition (Criminal) No.136
of 2016 is annexed herein as Annexure P-3 (page
no 55 to 55)
3.That Mr. Gangotri Ram Tripathi, District and
Session Judge, Begusarai has replied back
through RTI dated 20.09.2017 against the case
no. 9P/2010 and case no. 5591/2013 wherein he
has shown his inability to answer from the date
07.02.2011 of institution of case 5591/2013.
Ld. District and Session Judge, Begusarai has
committed an offence of perjury through his RTI
reply that the date of institution of Criminal
case Complaint (P) 5591/2013 is 07.03.2011
while E-Courts services portal (https://ecourts.gov.in/)

discloses the date of institution of complaint
case is 07.02.2011.
True Copies of RTI reply dated 20.09.2017 by
District and Session Judge, Begusarai is
annexed herein as Annexure P-4 (Page from 56 to
60).
4.That the petitioner no.02 in Writ Petition
(Criminal) No. 136 of 2016, Widow Srmt. Asha
Rani Devi has succumbed to suspicious death on
11.11.2017 at New Delhi during the course of
fighting against the State of Bihar and others
yet N.B.W u/s 83 Cr.Pc. exists against her.
True copy of Police report dated 11.11.2017 is
annexed herein as Annexure P-5 (page no 61 to
61)
True copy of police statement dated 11.11.2017
by her son petitioner no.01 is annexed herein
as Annexure P-6 (page no 62 to 62)
True copies of postmortem report of petitioner
no.02 dated 11.11.2017 is annexed herein as
Annexure P-7 (page no 63 to 66)

True copy of death certificate of petitioner
no.02 dated 11.11.2017 is annexed herein as
5.That the petitioner No.01 has approached Patna
High Court under Article 226 through Criminal
Writ Jurisdiction Case No.1238 of 2019 (Token
No.45078/2019) on 19.06.2019 in compliance with
the order dated 21.10.2016 in W.P.(Criminal)
136/2016 of Supreme Court of India.
True copies of case status at Patna High Court
website in Cr.WJC No.1238 of 2019(Token
no.45078/2019) filed on 19.06.2019 is annexed
herein as Annexure P-9 (page no 68 to 69)
6.That the petition before Patna High Court
contains five interlocutory applications viz.
I.A. for cancellation of N.B.W dated 08.09.2011
u/s 83 Cr.Pc. and quashing of 498A, I.A. for
exemption from filing certified copies of
Annexures/Orders, Crl. M.P. 16605 of 2016 for
special power of Attorney to petitioner no.01
on behalf of petitioner no.02, I.A. for seeking
permission to appear in person and I.A. 01 of
2019 for urgent hearing against violation of
Chapter IIIA and Chapter II of Patna High Court
Rules by the registry and organized mob

lynching and illegal detention of petitioner by
the nexus of state and mafia.
7.That the party position before the Patna High
Court are:-
BETWEEN
1. Om Prakash ………PETITIONER NO.01
S/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
AND RENTED
R/O RZF-893, Netaji Sbhash Marg
Raj Nagar Part-2,
Palam Colony
New Delhi-110077
2. Widow Asha Devi ……PETITIONER NO.02
(SINCE DECEASED)
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
VERSUS
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
5. DGP Bihar ….RESPONDENT No.05
Police Headquarters,
Old Secretariat,
Patna, Bihar-800015
6. SP Begusarai ….RESPONDENT No.06
Kachahri Road, District

Begusarai, Bihar-851101
7. SP Katihar ….RESPONDENT No.07
District- Katihar, Bihar-854105
8. Sub-Divisional ….RESPONDENT No.08
Police Officer, HQ
District-Katihar, Bihar- 854105
9. Sub-Divisional ….RESPONDENT No.09
Police Officer, Barsoi,
District Katihar, Bihar- 855102
10. SHO Kadwa ….RESPONDENT No.10
Kadwa Police Station,
District-Katihar, Bihar-855114
11. Chief General Manager ….RESPONDENT NO.11
State Bank of India
Local Head Office (LHO)
State Bank Building,
West Gandhi Maidan
Patna, Bihar-800001
12. Branch Manager ….RESPONDENT NO.12
State Bank of India
Branch Code: 03127
ADB Sonaili Bazar
Sonaili, Katihar, Bihar-855114
8.That the prayer before the Patna High Court
are:-

(i) To issue a writ of Certiorari or
prohibition or other appropriate writ order or
direction directing respondent No.02 and 03 for
enforcement of Article 21 of the constitution and
cancellation of N.B.W dated 08.09.2011 process
u/s 83 Cr.Pc. against Shri Om Prakash Poddar and
Widow Srmt. Asha Rani Devi (since deceased) and
quashing of the pending non-maintainable 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.
(ii) To issue a writ of Certiorari or other
appropriate writ order or direction directing
respondent No.02 to issue an order of dismissal
and imprisonment against the concerned
Magistrate and Women Protection officer for an
offence of perjury and illegal confinement of
the petitioner no.01 and 02 which has resulted
in suspicious death of petitioner no.02 under
illegal confinement on 11.11.2017.
(iii) To issue a writ of mandamus or other
respondent No. 01 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 and consistent planting of criminal
conspiracy against the vulnerable petitioner
no.01 and 02 which has resulted in suspicious
death of petitioner no.02 on 11.11.2017 and
petitioner no.01 happens to be the only left
survivor in his family now, after an untimely
demise of his father in the similar fashion in
2007.
(iv) To issue a writ of mandamus or other
respondent No.01 and 04 to issue a dismissal
order against Women Protection Officer, Ms Veena
Kumari and to cancel the registration no.
836/1991 of her husband Advocate Gopal kumar
registered under Bihar State Bar Council for an
offence of perjury, filing false, frivolous case
against the petitioners with ulterior motive,
criminal intention and to issue an order against
them to pay the amount of Rs. 1 Crore (Rupees One
Crore) to the petitioner no.01 as a compensation
for causing irreparable damage, loss, illegal
confinement and suspicious death of the
petitioner no.02 under N.B.W.

(v) To issue a writ of mandamus or other
respondent No.05 to initiate appropriate action
under Indian Penal Code against the respondents
Nos. 7, 9 and 10, concerned police authorities
SP Katihar, DSP Barsoi and SHO Kadwa, who have
defended the act of turning the house of
petitioners into public toilet (by Mr. Bihari Lal
Bubna, a Panchayati Raj Institution leader with
the active help of the police authorities namely
respondents Nos. 7, 9 and 10) by way of not
removing public toilet till 06.03.2016 even after
fax complaint dated 03.03.2016 to SP Katihar and
furnishing false inquiry report to the Police HQ,
Patna, Bihar and infringing the Article 21 of the
petitioner No.02 which has resulted in suspicious
death of petitioner no.02 on 11.11.2017 and
further posing imminent danger to the life and
liberty of the petitioner no.01.
(vi) To issue a writ of mandamus or other
under Indian Penal Code against the Respondent
no. 08, Rtd. DSP, HQ Katihar, Mr. Jugalal Kishore
Sinha for intimidating, frightening, abusing his
vested police power, creating an atmosphere of
fear, spreading out hatred against the petitioner

no.02, protecting the culprit, and not recording
the statement of petitioner no.02 on 1st
August,
2011 which has resulted in suspicious death of
petitioner no.02.
(vii) To issue a writ of mandamus or other
under Indian Penal Code against respondent no.06,
SP Begusarai for not executing N.B.W dated
25.08.2010 (which is evident from the order sheet
of Begusarai court in case no. 9P/2010 and
subsequent Police inquiry report dated 31.05.2019
by SP Katihar) and for creating an atmosphere of
fear, spreading out hatred among the society
against the petitioners which has infringed the
Article 21 of the petitioner and resulted in
suspicious death of petitioner no.02.
(viii) To issue a writ of mandamus or other
respondent No.01 and 11 to initiate appropriate
action under Indian Penal Code against the
concerned bank authorities namely respondent
no.12 who have been thoroughly misused to harass,
intimidate and attack the family pension account
of petitioner no.02, infringed her Article 21 and
resulted in suspicious death of petitioner no.02.

(ix) To pass such other orders and further
orders as may be deemed necessary on the facts
and in the circumstances of the case.
9.That the registry of Patna High Court has
pointed out unconstitutional defects on
04.07.2019 in Cr.WJC No.1238 of 2019 (Token
No.45078/2019).
(i) First unconstitutional defect has been
pointed out by the registry to add Article
227 of Constitution of India as provision
of law.
(ii)Second unconstitutional defect has been
pointed out by the registry to delete the
original jurisdiction word from the
petition.
(iii)Third unconstitutional defect has been
pointed out by the registry to delete the
name of petitioner no.02 from the petition.
(iv)Fourth unconstitutional defect has been
pointed out by the registry to file
Substitution petition on behalf of
petitioner no.02 regarding legal heir with
notice served to concerned.

True copy of defects dated 04.07.2019 by Patna
High Court in Cr.WJC No.1238 of 2019 (Token
No.45078/2019) is annexed herein as Annexure P-
10 (page no 70 to 72)
10. That petitioner has removed all defects on
09.07.2019 in Cr.WJC No.1238 of 2019 (Token
No.45078/2019).
(i)Whereas, Articles 226 and 227 are the
parts of the constitution which define the
powers of the High Court. Article
227 determines that every High Court shall
have superintendence over all courts and
tribunals throughout the territories in
relation to which it exercises jurisdiction
(except a court formed under a law related to
armed forces). The Hon'ble Supreme Court, in
the case of Surya Devi Rai vs. Ram Chander
Rai, relied on several constitutions Judgments
of the Hon'ble Apex court, one of which
was Umaji Keshao Meshram and Ors. vs. Smt.
Radhikabai and Anr, which laid down scope,
power and differences between Article 226 and
Article 227. The first and foremost difference
between the two articles is that Proceedings
under Article 226 are in exercise of
the original jurisdiction of the High Court

while proceedings under Article 227 of the
Constitution are not original but
only supervisory. Article 227 substantially
reproduces the provisions of Section 107 of the
Government of India Act, 1915, excepting that
the power of superintendence has been extended
by this Article to tribunals as well. Though
the power is akin to that of an ordinary court
of appeal, yet the power under Article 227 is
intended to be used sparingly and only in
appropriate cases for the purpose of keeping
the subordinate courts and tribunals within the
bounds of their authority and not for
correcting mere errors. In this case, there is
a deliberate and intentional error of
jurisdiction caused by inferior court with
criminal intention and ulterior motive. Matter
has come up for quashing of fake criminal
proceedings which has thoroughly misused the
police and bank authorities in the guise of
issuance of two Non Bail able Warrants against
the petitioners by the CJM division Begusarai
since 2010-11 to create an atmosphere of fear
and to spread out hatred among the society
against the petitioners to make the petitioners
life miserable to live in any civilized
society; after the settlement of the same
matter by High court of Delhi on 23.07.2013 in

MAT.APPL. 7/2012. Moreover, proceedings of
inferior court has already been impeached under
Article 32 of constitution of India before
Supreme Court of India in Writ Petition
(Criminal) 136 of 2016 which has been dismissed
in motion hearing with incomplete
matters/IAs/Order/Crl.MPs. In a writ of
certiorari, the record of the proceedings
having been certified and sent up by the
inferior court or tribunal to the High Court,
the High Court if inclined to exercise its
jurisdiction, may simply annul or quash the
proceedings and then do no more (Art 226). In
exercise of supervisory jurisdiction (Art 227)
the High Court may not only quash or set aside
the impugned proceedings, judgment or order but
it may also make such directions as the facts
and circumstances of the case may warrant, may
be by way of guiding the inferior court or
tribunal as to the manner in which it would now
proceed further or afresh as commended to or
guided by the High Court. In appropriate cases
the High Court, while exercising supervisory
jurisdiction, may substitute the impugned
decision with a decision of its own, as the
inferior court or tribunal should have made.
Hence, provision of Law u/a 227 cannot be added
in this case.

(ii)Article 226 are in exercise of the original
jurisdiction of the High Court therefore
“Original” word cannot be deleted from the
petition.
(iii) The Petitioner no.02 had approached
Hon’ble Supreme Court of India for quashing of
the same criminal proceedings and enforcement
of her fundamental rights through Writ Petition
(Criminal) 136 of 2016 and the party position
of petitioner no.02 is the same before Hon’ble
Supreme Court of India and Hon’ble High Court
of Patna. N.B.W dated 08.09.2011 u/s 83 Cr.Pc.
still exists against petitioner no.02 on
inferior court record therefore petitioner
no.01 has approached to Patna High Court for
cancellation of N.B.W against petitioner no.02.
Since this petition is arising out of order
dated 21.10.2016 in Writ Petition (Criminal)
136 of 2016 by Hon’ble Supreme Court of India
and the party position of petitioner no.02 is
same before Supreme Court of India therefore
Name of petitioner no.02 cannot be deleted.
(iv) This is not a property dispute therefore
Substitution petition on behalf of petitioner
no.02 regarding legal heir cannot be filed.

This is a case of quashing of fake criminal
proceedings u/s 498(A). Since petitioner no.02
has succumbed to suspicious death during the
course of fighting against the State of Bihar
and Others therefore Petitioner no.01 has
approached to Patna High Court for cancellation
of N.B.W and quashing of fake criminal
proceedings u/s 498(A) which still exists
against the innocent petitioner no.02 after her
brutal death.
True copy of defects removal letter dated
09.07.2019 by petitioner in Cr.WJC No.1238 of
2019 (Token No.45078/2019) is annexed herein as
11. That after the lapse of nine days
registry of Hon’ble Patna High Court
neither notified further defects nor
registered the case nor listed it before
Lawazima nor listed it before Hon’ble
Judges “For Orders” but kept the case
status of Cr. WJC No.1238/2019 as
defective.
12. That aggrieved by this act of registry,
petitioner has filed RTI JUSTC/R/2019/51675
dated 18.07.2019 against violation of Chapter

IIIA of Patna High Court Rules, 1916 by the
Registry of Patna High Court.
True copy of RTI JUSTC/R/2019/51675 dated
18.07.2019 against Patna High court by the
petitioner is annexed herein as Annexure P-12
(Page from 82 to 82)
13. That PIO, Patna High Court did not
reply back the RTI JUSTC/R/2019/51675 dated
18.07.2019. Instead of replying back the RTI
request dated 18.07.2019; State and Mafia nexus
has organized mob lynching, criminal trespass
and illegal detention of petitioner on
30.07.2019.
True copy of receiving copies of police
complaint/F.IR against organized mob lynching
of petitioner by SP Katihar dated 09-08-2019
is annexed herein as Annexure P-13 (Page from
85 to 95)
14. That the petitioner is facing sheer
violation of Chapter IIIA regarding “filing
procedure” and Chapter II regarding
“Constitution of benches and power of benches
and of the Registrar” of Patna High Court
Rules, 1916 by the registry of Patna High Court

on the one side and organized mob lynching &
illegal detention of petitioner by the nexus of
state and mafia on the other side.
15. That the petitioner has moved I.A no. 1 of
2019 in Criminal Writ Jurisdiction Case No.1238
of 2019(Token no. 45078/2019) before Patna High
Court on 27.08.2019 for urgent hearing against
the violation of Chapter IIIA and Chapter II of
Patna High Court Rules, 1916 by the registry of
Patna High Court and organized mob lynching &
illegal detention of petitioner by the nexus of
state and mafia; thereafter no F.I.R by Bihar
police till date.
16. That after filing I.A no. 1 of 2019 on
27.08.2019 the case was listed before Lawazima
and bench on the same date 28.08.2019 for
Orders (on office notes).
17. That Hon’ble Justice Ashwani Kumar Singh,
Single Judge, Court No.15 of Patna High Court
has refused to pass an order against I.A no. 1
of 2019 in Criminal Writ Jurisdiction Case
No.1238 of 2019 on 28.08.2019. Further, Hon’ble
Justice has remarked during the course of
hearing that petitioner is not an Advocate

therefore he cannot be given power of Attorney
to plead on behalf of petitioner no.2 by
Supreme Court of India. He has continued to
remark that petitioner no.02 cannot be allowed
to make petitioner before Patna High Court
because she is not alive irrespective of the
fact that she was petitioner no.02 before
Supreme Court of India.
18. That further Hon’ble Justice Mr. Ashwani
Kumar Singh has ordered the registry to examine
and list with proper notings as the petitioner
has submitted that he has removed all the
defects on 09.07.2019. Further, Hon’ble court
has not fixed up the next date of hearing in
the order dated 28.08.2019.
True copy of certified copy of Order dated
28.08.2019 by Patna High Court in Cr.WJC
No.1238 of 2019 is annexed herein as Annexure
P-14 (page no 96 to 96)
19. That Hon’ble the Chief Justice Shri
Amreshwar Pratap Sahi of Patna High Court has
denied to hear urgent mentioning of petitioner
against the organized mob lynching & illegal
detention of petitioner by the nexus of state
and mafia on 29.08.2019 vide visitor pass

ID.34798 before Court No.01. As per the
direction of Hon’ble the Chief Justice of Patna
High Court, the petitioner cannot mention this
matter before division bench of Hon’ble Chief
Justice Court No.01.
20. That the petitioner has sent an
application for constitution bench along with
Affidavit to the Hon’ble Chief Justice of India
through registered post vide registered post
no. RF165942425IN dated 18.09.2019 which has
been received by the registry of Supreme Court
of India on 21.09.2019.
21. That the SP Katihar has submitted police
inquiry report dated 20.09.2019 against the Mob
Lynching and illegal detention of petitioner to
the Prime Minister Office through CPGRAMS
refusing to register F.I.R. In his police
report, corrupt and mentally ill SP Katihar has
blamed/accused the petitioner as mentally ill
person without any documentary evidence
(without medical certificate by the
psychiatrist)to protect his corrupt SHO Kadwa
who had illegally detained the petitioner and
forced him to sign on white plain paper at the
police station Kadwa at midnight on 30.07.2019.

Now, the police are indulged in mentally
torturing the petitioner with the help of his
neighbor Mr. Bechan Poddar S/O Late Sahdev
Poddar by way of opening a door inside his
house premises to dump garbage, wastage, to
penetrate into his privacy, to encroach his
lands, to damage his property so that he could
not live peacefully here and may force to leave
this place to migrate other places. Similar
activities have taken place with my mother
earlier in 2011, herein Petitioner No.02. As a
result of that my mother could not fulfill her
last desire to visit her own house sonaili,
katihar, Bihar in 2016 and 2017.
True copy of police inquiry report dated
20.09.2019 against the mob lynching and illegal
detention of petitioner is annexed herein as
22. That the matter Cr.WJC No. 1238 of
2019(Token no.45078/2019) was again listed
before Hon’ble Justice Mr. Ashwani Kumar Singh
on 14.10.2019 “For Orders on (Office Notes)”.
23. That Hon’ble Justice Ashwani Kumar Singh has
refused to hear the petitioner on 14.10.2019 due

to non-availability of office notes with the
petitioner while in practice office notes are not
supplied by the registry to the
petitioner/Advocate, hence no order passed and
matter being carried forward “For Orders on
(Office Notes)” till date.
24. That aggrieved by the act of Hon’ble bench
of Patna High Court the petitioner has filed
written arguments along with Affidavit on
16.10.2019 against the unconstitutional defects
pointed out by the registry of Patna High
Court.
True copies of written arguments along with
Affidavit dated 16.10.2019 by petitioner in
Cr.WJC No.1238 of 2019(Token no.45078/2019) is
annexed herein as Annexure P-16 (page no 98 to
107)
25. That aggrieved by the act of Hon’ble bench
of Patna High Court the petitioner has also
filed RTI JUSTC/R/2019/52644 dated 18.10.2019
against refusal to supply certified copies of
office notes, orders and petitions by the
True copy of RTI JUSTC/R/2019/52644 dated

18.10.2019 against Patna High court by the
(Page from 108 to 110)
26. That the state is indulged in offending
the property of petitioner no.02 by issuing
fake genealogy of petitioner no.02 through
Panchayati Raj Institution (PRI) member Mr.
Kundan Banjara, Sarpanch, Kantiya Panchayat
vide letter no.0305 dated 14.11.2019 with
ulterior motive to make fake registry and fake
mutation of lands. Sarpanch Kantiya Panchayat
along with three local men came at the
residence of petitioner and forced him to sign
the fake genealogy as applicant. Petitioner
protested and filed online police complaint
against the PRI member Sarpanch, Kantiya
Panchayat with Bihar Police HQ Patna.
True copies of police complaint against PRI
member Sarpanch Kantiya Panchayat dated
15.11.2019 for genealogy fraud by the
(page no 111 to 113)
2. QUESTION(S) OF LAW
That the main questions of Law to be decided in
this application are:-

a) Whether or not this is a case of writ
of certiorari against the inferior court of
Bihar within the knowledge of Patna High Court
therefore original jurisdiction under Article
32 to be exercised by Supreme Court of India
or original jurisdiction under Article 226 to
be exercised by Patna High Court?
b) Whether or not there is a deliberate and
intentional error of jurisdiction caused by
inferior court of Bihar with criminal
intention and ulterior motive which requires
the exercise of Article 32 by Supreme Court of
India or Article 226 by Patna High Court for
correcting mere errors.
c)Whether or not only constitution bench of
Supreme Court of India has jurisdiction to
decide on the defects pointed out by the
registry of Patna High Court as the matter
is same and it involves the jurisdiction
of two states wherein High Court of Delhi
has settled this matter way back in 2013.
d) Whether or not defects pointed out by
the registry of Patna High Court merely
making it a property dispute which is
unconstitutional?

e) Whether or not holding the petition for
orders on office notes by Patna High Court
not affecting the administration of
justice delivered by High Court of Delhi
in 2013?
f) Whether or not defects pointed out by
the registry not making it merely a
property dispute which reinforces the
cause of suspicious death of petitioner
no.02 for property only?
g) Whether or not violation of Chapter IIIA
of Patna High Court Rules, 1916 by the
registry of Hon’ble Patna High Court is void?
h) Whether or not NO reply of RTI request
dated 18.07.2019 and 18.10.2019 by PIO,
Hon’ble Patna High Court is void?
i) Whether or not NO F.I.R against Criminal
Trespass, Organized mob lynching & illegal
detention of petitioner by the nexus of State
and Mafia is void?
j) Whether or not no F.I.R against
Genealogy fraud by PRI member Sarpanch
Kantiya Panchayat is void?

3. GROUNDS FOR URGENCY
That being aggrieved by the unconstitutional
defects pointed out by the registry of Patna High
Court and subsequent violation of Chapter IIIA of
Patna High Court Rules, 1916 by the registry of
Patna High Court and subsequent attack by the
nexus of State and Mafia and subsequent refusal to
hear by the Hon’ble Chief Justice of Patna High
Court, the petitioner is moving this application
for constitution bench before Hon’ble the Chief
Justice of India’s Court of Hon’ble Supreme court
of India on the following amongst other grounds: -
A. BECAUSE this is a case of writ of certiorari
against the inferior court of Bihar within the
knowledge of Patna High Court therefore original
jurisdiction under Article 32 or under Article
226 to be exercised either by Supreme Court of
India or by Patna High Court respectively.
B.BECAUSE there is a deliberate and intentional
error of jurisdiction caused by the inferior
court of Bihar with criminal intention and
ulterior motive which requires the exercise of
Article 32 or Article 226 either by Supreme
Court of India or by Patna High Court for
correcting mere errors.

C.BECAUSE the Hon'ble Supreme Court, in the case
of Surya Devi Rai vs. Ram Chander Rai, relied on
several constitutions Judgments of the Hon'ble
Apex court, one of which was Umaji Keshao
Meshram and Ors. vs. Smt. Radhikabai and
Anr, which laid down scope, power and
differences between Article 226 and Article 227.
In a writ of certiorari, the record of the
proceedings having been certified and sent up by
the inferior court or tribunal to the High
Court, the High Court if inclined to exercise
its jurisdiction, may simply annul or quash the
proceedings and then do no more (Art 226).
D.BECAUSE only constitution bench of Supreme
Court of India has jurisdiction to decide on
the defects pointed out by the registry of
Patna High Court as the matter is same and
it involves the jurisdiction of two states
wherein High Court of Delhi has settled this
matter way back in 2013.
E.BECAUSE the defects pointed out by the
registry of Patna High Court merely making
it a property dispute whereas Patna High
Court has no jurisdiction to create property
dispute after the settlement of the same
matter by High Court of Delhi with NO COST.

F.BECAUSE the defects pointed out by the
registry of Patna High Court reinforces the
cause of suspicious death of petitioner
no.02 for property only.
G.BECAUSE holding the Cr.WJC No.1238 of
2019(Token no.45078/2019) by Patna High
Court affecting the administration of
justice delivered by High Court of Delhi and
creating a possibility of another suspicious
death of petitioner no.01 for property only
who happens to be only survivor in his
family now.
H. BECAUSE Criminal stamping filing section of
Hon’ble Patna High Court did not allow the
petitioner-in-person to file the petition on
17.06.2019 and 18.06.2019 which is evident
from the Affidavit attested by Oath of
Commissioner on 17.06.2019
I. BECAUSE the Criminal Writ Jurisdiction Case
No.1238 of 2019(Token no.45078/2019) has
been allowed to file on 19.06.2019 and
defects have been notified on 04.07.2019.
J. BECAUSE the defects have been notified by

Mr. P.K. Verma, A.S.O of registry, Patna
High Court, after 17 days from the date of
filing of the case While as per the Patna
High Court Rules, 1916, any defect or
deficiency is pointed out, the matter shall
be so reported as early as possible, but in
not more than 3 working days in the form as
prescribed from time to time. In case the
Stamp Reporter is unable to complete the
Stamp Reporting within specified 03 days for
want of relevant record/for any other
reason, he shall complete Stamp Reporting
within 15 days from the date of filing.
K.BECAUSE Stamp reporter Mr. Dheeraj Kumar has
reported the matter for Single Bench (SJ)
while petitioner has opted for Division
Bench or Special Bench in Presentation form
for Criminal Matter which is evident from
the stamp reporting check slip dated
22.06.2019 and filing proforma at page no.01
in the petition. Moreover, as per the Patna
High Court Rules, Supreme Court matter is
listed before Hon’ble Chief Justice of High
Court.
L. BECAUSE the matter has neither been
registered nor been listed nor been put up

“For order” either before Lawazima or before
Hon’ble Judges by the Registry till
27.08.2019 even after removal of defects on
09.07.2019 by the petitioner while as per
the Patna High Court Rules, in case the
petitioner in person raises dispute where
the Registrar General is not in a position
to adjudicate, the Registrar General will
place the matter before the Bench under the
heading “For orders”.
M. BECAUSE Registry is violating the Rule of
Law and Human Rights of the petitioner again
in 2019 which may lead to another suspicious
death of Shri Om Prakash herein petitioner
no.01 which has resulted in suspicious death
of Widow Srmt. Asha Rani Devi, petitioner
no.02 in 2017.
N.BECAUSE both the Criminal Writ Cases before
Supreme Court and Patna High Court have been
filed for Quashing of 498(A) and thorough misuse
of police by the judges against the petitioner
from 2011 to 2019, which has resulted in
suspicious death of petitioner no.02, Late Widow
Srmt. Asha Rani Devi, mother of petitioner
no.01, Shri Om Prakash. In both the Criminal
Writ Cases, Registrar General of Patna High

Court, Judges of Begusarai court, police
personnel of Begusarai and Katihar districts and
Bank Officials of Sonaili are parties.
O. BECAUSE the petitioner has filed RTI vide
registration no. JUSTC/R/2019/51675 dated
18.07.2019 before CPIO, Department of Justice,
Government of India against violation of Chapter
IIIA of Patna High Court Rules, 1916 by the
P. BECAUSE PIO Hon’ble Patna High Court has not
replied back the RTI request dated 18.07.2019
and 18.10.2019
Q.BECAUSE instead of replying back the RTI
request dated 18.07.2019; State and Mafia nexus
has organized mob lynching, criminal trespass
and illegal detention of petitioner on
30.07.2019 by the nexus of Katihar Police and
mafia, yet no F.I.R has been registered so far.
Police picked up the petitioner from his house,
detained at Police Station, Kadwa and dropped
back the petitioner at his Sonaili residence at
midnight of 30th
July 2019 without any written
record. Police did not even record the statement
of petitioner rather forced the petitioner to
sign the white plain paper with thumb

impression. A detail complaint has been filed on
09-08-2019 by the petitioner physically
appearing before the office of SP Katihar and
obtained receipt of it with the help of Bihar
Police helpline, police HQ, Patna vide complaint
token no. 201908090007 dated 09.08.2019 against
SP Katihar.
R.BECAUSE the petitioners have been attacked by
the nexus of police and mafia persistently since
2011 to till date and no action has been taken
by SP Katihar. Previous police complaints
against the accused Police and mafia of Sonaili
have been filed dated 07.04.2011, 16.07.2011,
03.08.2011, 29.09.2011, 31.12.2011, 03.03.2016,
17.05.2016 and 26.09.2017 through email and by
registered posts to SHO Kadwa and SP Katihar.
Police has submitted police inquiry report dated
07.05.2016, 16.05.2018, 18.04.2018 and
31.05.2019. Main police accused are Mr. Yugal
Kishore Sinha, DSP, Katihar, HQ, Mr. Rajeev
Ranjan, Mr. Chandrika Prasad and Mr. Pankaj
Kumar DSP, Barsoi, and the main mafia accused
are Vishwanath Bubna, a Land mafia, Bihari Lal
Bubna, a Land mafia, Shyamaer Bubna, a Land
mafia and Banty Bubna, an oil mafia and petrol
pump owner at sonaili.

S.BECAUSE police has declared the petitioner
mentally ill by its police inquiry report dated
20.09.2019 and now the police are indulged in
mentally torturing the petitioner with the help
of his neighbor Mr. Bechan Poddar S/O Late
Sahdev Poddar by way of opening a door inside
his house premises to dump garbage, wastage, to
penetrate into his privacy, to encroach his
lands, to damage his property so that he could
not live peacefully here and may force to leave
this place to migrate other places. Similar
activities have taken place with my mother
earlier in 2011, herein Petitioner No.02. As a
result of that my mother could not fulfill her
last desire to visit her own house sonaili,
katihar, Bihar in 2016 and 2017.
T.BECAUSE the state is thoroughly indulged in
offending the property, livelihood and day to
day life of the petitioner by way of
disconnecting the electricity of his house
without prior NOTICE since 2012, organizing mob
lynching & illegal detention with the nexus of
mafia, issuing fake Genealogy by PRI member and
opening a door inside his house premises by the
neighbor to dump garbage, wastage to make the
petitioner’s life miserable to live peacefully
and to force him to migrate other places.

U.BECAUSE Hon’ble the Chief Justice of Patna High
Court has refused to hear urgent mentioning in
Cr.WJC No. 1238 of 2019 (Token No.45078/2019) on
29.08.2019. As per the direction of Hon’ble the
Chief Justice of Patna High Court, the
petitioner cannot mention this matter before
division bench of Hon’ble Chief Justice Court
No.01.
-:PRAYER:-
In the above premises, it is prayed that
Hon’ble Chief Justice of India may be pleased:
(i) To direct the Registrar to register and list
the incomplete CRL.M.P. D.NO. 77878/2016 in
Writ Petition Criminal No. 136/2016 before the
constitution bench in Hon’ble the Chief Justice
Court of Hon’ble Supreme Court of India for
deciding the constitutional validity of
unconstitutional defects pointed out by the
registry of Patna High Court in Cr.WJC No.1238
of 2019(Token No.45078/2019) wherein Patna High
Court has no jurisdiction to create a property
dispute or to dilute this matter after the
settlement of the matter by High Court of Delhi
on 23.07.2013 in MAT.APPL. 7/2012 with NO COST
and for quashing of 498A with N.B.W dated

08.09.2011 u/s 83 Cr.Pc in Criminal Case
Complaint(P)5591/2013 at Begusarai court under
the judicature of Patna High Court.
(ii) To consider all the prayers from (i) to (ix)
prayed before the Patna High Court in Cr.WJC
No.1238 of 2019(Token No.45078/2019) mentioned
in para 08 of the present application/petition.
(iii) To direct the DGP Bihar to register F.I.R
against the police complaint dated 09-08-2019
for criminal trespass, mob lynching, illegal
detention of petitioner and forcing the
petitioner to sign on white plain paper by SHO
Kadwa on 30.07.2019 and against police
complaint dated 15-11-2019 for issuing a fake
Genealogy of petitioner no.02 by PRI member
Sarpanch Kantia Panchayat on 14.11.2019 vide
letter no.0305 with ulterior motive and forcing
the petitioner no.01 to sign the same.
(iv) 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
S/O LATE SHRI DEEP NARAYAN PODDAR
S/O LATE SRMT. ASHA RANI DEVI
PERMANENT RESIDENT: ASHA DEEP NIWAS
SONALI, KATIHAR, BIHAR-855114
RENTED RESIDENT: RZF-893, NETAJI SUBUSH
MARG, RAJ NAGAR PART-2
PALAM COLONY, NEW DELHI-110077
MOB: 9968337815/9540389759
E-mail: om.poddar@gmail.com
NEW DELHI:
FILED ON : 27.11.2019.

M.A. D.NO.42652 OF 2019
IN
WRIT PETITON CRIMINAL NO. 136 OF 2016
IN THE MATTER OF:
OM PRAKASH & ANR ..PETITIONER(S)
VERSUS
STATE OF BIHAR & ORS …….RESPONDENT(S)
AFFIDAVIT
I, Om Prakash S/o Late Shri Deep Narayan Poddar, age
about 46 years, R/o Asha Deep Niwas, Vill-Kantiya
Panchayat, Shukkar Haatt, P.S. Kadwa, Distt-Katihar,
Bihar-855114 and Rented R/O RZF/893, Netaji Subash
Marg, Raj Nagar Part-II, Palam Colony, New Delhi - 77,
on behalf of special power of Attorney Crl. M.P. 16605
of 2016 of Late Widow Srmt. Asha Rani Devi(since
deceased) W/O Late Shri Deep Narayan Poddar, R/o Asha
Deep Niwas, Vill-Kantiya Panchayat, Shukkar Haatt, P.S.
Kadwa, Distt-Katihar, Bihar-855114 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 registration &
listing the Crl. M.P.D.No. 77878/2016 in Writ
Petition (Criminal) 136 of 2016 before the

Constitution bench in Hon’ble Chief Justice Court
of Hon’ble Supreme Court of India, which has been
drafted by me [para 01 to 03.], [Page 01 to 38]
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 annexures P-1 to P-18 [Page 41 to 113]
are true copy of its respective original.
4. That the accompanying application for registration
and listing the Crl. M.P.D. No. 77878/2016 in
W.P(Criminal) 136/2016 before the Constitution
bench contains total 113 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 25th
day of November,
2019.
DEPONENT

M.A. D.No.42652 of 2019 in W.P. (Crl) 136 of 2016 before Supreme Court of India dated 27.11.2019

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M.A. D.No.42652 of 2019 in W.P. (Crl) 136 of 2016 before Supreme Court of India dated 27.11.2019