APPLICATION FOR LISTING BEFORE CONSTITUTION BENCH
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1. Om Prakash, the petitioner, has filed a writ petition in the Supreme Court of India challenging a lower court order from Begusarai, Bihar related to criminal case under Section 498A. 2. The petitioner claims the lower court order directly infringes on his fundamental rights and involves the same cause of action that was already settled by the Delhi High Court in 2013. 3. The petitioner is seeking for his writ petition to be listed before the Constitution Bench of seven judges, as he believes the matter involves constitutional issues across two state jurisdictions.
![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](https://image.slidesharecdn.com/5ff7796a-3cdf-4a0a-8745-f2ba5315fb3b-161018110747/85/APPLICATION-FOR-LISTING-BEFORE-CONSTITUTION-BENCH-10-320.jpg)
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APPLICATION FOR LISTING BEFORE CONSTITUTION BENCH
- 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