IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

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

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:

(i) To order for urgent listing of Writ

petition Criminal 136 of 2016 on

priority basis.

(ii) 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 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 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.

2. That the contents of the accompanying

application Under Section 151 C.P.C. for

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 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 urgent listing of matter totals

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 3rd day of

October,2016.

DEPONENT

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

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

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.

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:-

3. 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.

4. 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

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