Interlocutory Application dated 9.10.22 for Cancellation of NBW before SC.pdf
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The document is a writ petition submitted to the Supreme Court of India by Om Prakash, addressing serious allegations of gang rape, child sexual abuse, and illicit sex trade, while seeking the recall of non-bailable warrants issued against him. The petitioner claims that he has faced systemic abuse and neglect from the state, which protects these crimes, and points to the suspicious death of his mother as part of a broader pattern of state-supported violence and coercion. He requests the court to cancel these warrants to enable advocacy for victims of sexual abuse and exploitation.
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2. That the contents of the accompanying application Under
Section 151 C.P.C. for cancellation of NBW dated
25.08.2010 and 08.09.2011 u/s 83 Cr.Pc. in 9-P/2010 and
397c/2011(5591/2013) case pending at Begusarai Court
under the judicature of Patna High Court, which has been
drafted by me [para 01 to 18], [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 annexures P-01 and P-2 [Page 10 to 21] are true
copies of their respective original.
4. That the accompanying application Under Section 151
C.P.C. for urgent hearing total 23 pages.โ
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 9th
day of October, 2022.
DEPONENT](https://image.slidesharecdn.com/interlocutoryapplicationdated9-221008210444-6a335cf2/85/Interlocutory-Application-dated-9-10-22-for-Cancellation-of-NBW-before-SC-pdf-23-320.jpg)
Interlocutory Application dated 9.10.22 for Cancellation of NBW before SC.pdf
- 1. 1 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION CRL.M.P.NO. OF 2022 IN WRIT PETITION CRIMINAL D.NO.18546 OF 2022 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) AND IN THE MATTER OF SUPRESSION OF RESCUE OF GANG RAPE, ILLICIT SEX TRADE, CHILD SEXUAL ABUSE VICTIMS AND ABUSE OF POWER BY THE STATE, NGOS, GANGSTERS AND INDIAN DEFENSE ORGANIZATIONS AND IN THE MATTER OF: OM PRAKASH ..PETITIONER VERSUS UNION OF INDIA & ORS โฆโฆ.RESPONDENT(S) APPLICATION U/S 151 OF C.P.C ON BEHALF OF THE PETITIONER FOR RECALL OF ORDER OF NON-BAILAIBLE WARRANT DATED 25.08.2010 IN 9-P/2010 CASE AND 08.09.2011 IN CASE NO. 397C/2011 RENUMBERED AS CRIMINAL CASE COMPLAINT (P) NO.000 5591/2013 AT BEGUSARAI COURT UNDER THE JUDICATURE OF PATNA HIGH COURT. 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.
- 2. 2 MOST RESPECFULLY SHOWETH: 1. The present Writ Petition under Article 32 of the Constitution of India is being filed by a Professional Social Worker cum Petitioner-In-Person cum Whistle Blower cum husband cum Father cum Guardian of Gang Rapes, hidden prostitution, illicit sex trade, child sexual abuse and international human trafficking victims whose rescue has been suppressed by the dismissal of PIL Writ Petition (Criminal) 242 of 2021 on 25.10.2021 and individual Writ Petition (Criminal) 137 of 2021 on 02.05.2022 by this Honโble Court to continue Gang Rapes, hidden prostitution, illicit sex trade, child sexual abuse and international human trafficking and for the enforcement of the Rights under Article 21 of the Constitution of India, 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 two Non-Bailaible Warrant with confiscation of property being issued dated 25.08.2010 and 08.09.2011, kept secret, maintained till date, executed 83 Cr.Pc. and declared petitioner as Absconder by Begusarai Bihar Court under the judicature of Patna High Court after the reply under Right to Information Act in 2016 and 2017, Writ Petition (Civil) No. 90/2016, Writ Petition (Criminal) No. 136/2016, Writ Petition (Criminal) No. 137/2021, Writ Petition (Criminal) No. 242/2021
- 3. 3 and Writ Petition (Criminal) D.No. 18546/2022 before Supreme Court of India, Suspicious death of petitioner No. 02 Asha Rani Devi in Writ Petition (Criminal) No. 136/2016 on 11.11.2017 at New Delhi in between the legal battle against State and Criminal Writ Jurisdiction Case No. 1238/2019 before Patna High Court to sustain illicit sex trade and Child Sexual Abuse of Petitionerโs families. 3. That till 2015, sex abuser state had trapped the petitioner in Matrimonial Matter, Labour Matter and Life and Liberty Matter. Prostitution matter has been identified in 2021 at Shastri Park North East Delhi, which has resulted in PIL on Child Prostitution matter Writ Petition (Criminal) No. 242/2021 before Supreme Court of India. 4. Police is not registering F.I.R and Court is dismissing Writ Petitions to sustain sex racket and violent attack on petitioner. On the one hand abuse of Court Process and on the other hand sexual abuse of his families and minor girls. 5. That Case No. 9-P/2010 instituted on the prayer of wife Reena Kumari against husband herein Petitioner Om Prakash Poddar under Domestic Violence Act and Case No. 397C/2011
- 4. 4 (5591/2013) also filed by Reena Kumari against the same petitioner Om Prakash Poddar and his mother Asha Rani Devi u/s 498A, 323 IPC and u/s ยพ Dowry Prohibition Act. 6. That Non-Bailaible Warrant dated 25.08.2010 has been issued by 1st Class Judicial Magistrate Mr. Atul Kumar Pathak in Case No. 9-P/2010 and Non-Bailaible Warrant dated 08.09.2011 has been issued by Sub Divisional Judicial Magistrate Mr. Sarju Ram in Case No. 397C/2011 (5591/2013) at Begusarai Bihar Court under the Judicature of Patna High Court. Certified copy of proceedings of the case record (5591/2013) discloses the above stated facts and the same has been e-filed as miscellaneous documents in W.P. (Criminal) D.NO. 18546/2022 on 08.10.2022 but OTP has not been supplied to make payment against it either by the State Bank of India or by the Supreme Court of India till date. RTI reply No. 4036 dated 20.09.2017 by Mr. Gangotri Ram Tripathi, District and Session Judge, Begusarai Bihar also discloses the above stated facts and the same is annexed herewith as Annexure P-1 (Pages from 10 to 14) 7. That Petitioner No.02 in W.P. (Crl.) 136/2016 Mrs. Asha Rani Devi age about 70 years has been killed by the nexus of sex abuser State and doctors of AIIMS at New Delhi by way of
- 5. 5 refusing her UHID NO. 103311004 dated 09.11.2017 for medical treatment, forcing her to sign LAMA (Leave against Medical Advice) and throwing her out of hospital at the midnight. She was COPD case under Pulmonary Department. 112 call is being made, case is being transferred to Palam Village Police Station vide D.D.NO.12B, Postmortem No. 1904/2017 dated 11.11.2017 by Deen Dayal Upadhyay Hospital, Hari Nagar, New Delhi-110064, yet no F.I.R by Delhi Police till date to sustain illicit sex trade and child sexual abuse of petitionerโs families. Postmortem Report, 112 call report, police statement by petitioner and last photograph of deceased mother Mrs. Asha Rani Devi dated 11.11.2017 is annexed herewith as Annexure P-2. (Pages from 15 to 21) 8. That Sex abuser State is consistently coercing the petitioner and his families by suspending right to โlife and libertyโ, suppressing rescue of victims by not registering F.I.R and dismissing writ petitions, attacking violently on petitioner, making his life miserable to sustain sex racket. 9. That first PIL Petition W.P. (Crl.) no. 242/2021 on Child Prostitution has been dismissed wrongly by the Supreme Court of India due to non-appearance of Legal Aid Advocate and amicus curie.
- 6. 6 10. That restoration of Writ Petition (Civil) No. 90/2016, Writ Petition (Criminal) No. 136/2016, Writ Petition (Criminal) No. 137/2021 and Writ Petition (Criminal) No. 242/2021 has been prayed in W.P.(Crl.) D.NO. 18546/2022 but being objected by the Supreme Court of India through its order dated 26.09.2022. 11. That consistent State coercion has resulted in WRIT PETITION (CRIMINAL) D.NO. 18546/2022 which has been listed before Chamber Judge, HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA IN COURT NO.15 on 26.09.2022 and the next date of hearing has been fixed on 31.10.2022. 12. That I.A. for additional grounds, facts, cause of actions prayers has been filed on 20.09.2022 in WRIT PETITION (CRIMINAL) D.NO. 18546/2022. 13. That petitioner has been denied for Certified copy of order dated 26.09.2022 in WRIT PETITION (CRIMINAL) D.NO. 18546/2022 by the copying branch of Supreme Court of India on 01.10.2022 to remove the objections from Anti-Prostitution petition within given time frame. Certified copy has been applied vide application A1-15440/2022 dated 30.09.2022 by the petitioner. However, the SMS has been sent by copying branch with delivery report and Supreme Court website does not show any record against A1-15440/2022 under E-Copying. 14. That order dated 26.09.2022 in WRIT PETITION
- 7. 7 (CRIMINAL) D.NO. 18546/2022 has given timeline of four weeks to remove objection, โLast opportunity of four weeks time to cure the defects is granted. On non-compliance to cure the defects within a period of four weeks, the matter(s) will be deemed to be dismissed on default without reference to the Courtโ. 15. That on the other hand petitioner is being thoroughly coerced by the sex abuser State w.e.f. 21.09.2022 to till date on the footpath of Anand Vihar ISBT, Anand Vihar Railway Station, Night Shelter Home, DUSIB-214 Delhi and Kaushambi ISBT, Ghaziabad, Uttar Pradesh to oust him from Delhi. 16. That Complaint against Electricity Department of Anand Vihar Terminal Railway Station at Delhi dated 29.09.2022 for causing unnecessary deliberate obstruction in rescue operation of Gang Rape Victims who have been pushed into illicit sex trade by the Indian Railway Network since 18 years in a situation when Anti-Prostitution matter Writ Petition (Criminal) D.NO. 18546/2022 is Sub-judice before Supreme Court of India has been filed with Chairman Railway Board at New Delhi. 17. That Complaint against Delhi Shelter Home has been filed on 29.09.2022. Suspected cases of sexual abuse inside the men and women shelter home premises has been reported to control room Delhi Urban Shelter Improvement Board vide reference ID: 3292 dated 29.09.2022 with a copy to Chief Minister, Lt. Governor and missionary NGO Sadik Masih Social Servant Society of NCT of Delhi. A women complaint by night shelter home in charge to men shelter home in charge being identified at the midnight 02:00AM between 21.09.2022 to 29.09.2022. Petitioner is being attacked
- 8. 8 violently on 03.10.2022 night by the in charge shelter home, police in civil dresses, defense in civil dresses for blowing whistle against suspected sexual abuse case. Some of the names have been identified from violent mob are Mr. Navin, Mr. Arun, Mr. Sharad, Ms. Pratima. Shelter Home DUSIB Code-214 is managed by missionary NGO SMSSS. Mr. Vinay K. Stephen management of SMSSS has intervened into this matter on 03.10.2022 night and permitted the petitioner to enter into the shelter home. Petitioner had been instructed by Mr. Navin to check out the shelter home at 7:00am and check in the shelter home at 19:00pm strictly. No day stay is allowed at shelter home. However, on 08.10.2022, Delhi shelter home helpline no.14461 has permitted the petitioner to check in the shelter home at day time also. 18. That study says that the 17 year old minor daughter of petitioner has been converted into Christianity forcefully by Tamil and has been pushed into sex racket. She has been made as an item girl, professional singer and dancer with an active help of Bollywood movie world. Petitioner has never seen her minor daughter because his pregnant wife Reena Kumari (Guddi) has been kidnapped through her father on 15.04.2005 from Palam Colony New Delhi and caught in prostitution in 2021 at Shastri Park, North East Delhi and Church Mission Road Fatehpuri Old Delhi-6. Study further reflects that her minor daughter is being thoroughly misused by all political parties including RSS/BJP for Vote Banks. Missionaries NGO Asha Deep Foundation, Sahid Nagar, Ghaziabad, UP is one of the party in this case PRAYER
- 9. 9 It is most respectfully prayed that this Honโble Court may be pleased to: (a) Recall the order dated 25.08.2010 and 08.09.2011, whereby Non-Bailaible Warrants were issued against the petitioner Om Prakash and his mother Asha Rani Devi by Begusarai Court under the judicature of Patna High Court in 9-P/2010 and 397c/2011 (Criminal Case Complaint (P) no. 5591/2013) case and Cancel the Non-Bailaible Warrants issued against the Petitioner and his mother to eradicate Prostitution and International Sex Racket. 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 S/O LATE SHRI DEEP NARAYAN PODDAR S/O LATE SRIMATI ASHA RANI DEVI PERMANENT RESIDENT: ASHA DEEP NIWAS, SONALI, SHUKKAR HATT, IN FRONT OF DURGA MANDIR, KANTIYA PANCHAYAT, P.S. KADWA, KATIHAR, BIHAR-855114 MOB: 9540389759 E-mail: [email protected] NEW DELHI: FILED ON : 09 -10 -2022
- 10. 10 Annexure P- 1
- 11. 11
- 12. 12
- 13. 13
- 14. 14 True copy
- 15. 15 Annexure P- 2
- 16. 16
- 17. 17
- 18. 18
- 19. 19
- 20. 20 POLICE STATEMENT BY SON OF WIDOW ASHA RANI DEVI DATED 11.11.2017
- 21. 21 True copy
- 22. 22 N THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION CRL.M.P.NO. OF 2022 IN WRIT PETITION CRIMINALD.NO. 18546 OF 2022 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) AND IN THE MATTER OF INTERNATIONAL SEX RACKET, CHILD SEXUAL ABUSE, FORCED HIDDEN PROSTITUTION ABUSE OF POLICE POWER, SUSPICIOUS DEATH, AND MOB VIOLENCE/MOB LYNCHING. AND IN THE MATTER OF: OM PRAKASH ..PETITIONER VERSUS UNION OF INDIA & ORS โฆโฆ.RESPONDENT(S) AFFIDAVIT I, Om Prakash S/o Late Shri Deep Narayan Poddar, age about 48 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, 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.
- 23. 23 2. That the contents of the accompanying application Under Section 151 C.P.C. for cancellation of NBW dated 25.08.2010 and 08.09.2011 u/s 83 Cr.Pc. in 9-P/2010 and 397c/2011(5591/2013) case pending at Begusarai Court under the judicature of Patna High Court, which has been drafted by me [para 01 to 18], [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 annexures P-01 and P-2 [Page 10 to 21] are true copies of their respective original. 4. That the accompanying application Under Section 151 C.P.C. for urgent hearing total 23 pages.โ 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 9th day of October, 2022. DEPONENT