M.A.D.No.15192 dated 20.07.2020 before Supreme Court of India

IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
CRIMINAL MISCELLANEOUS PETITION NO. 65866 OF 2020
IN
M.A.D.NO. 42652 OF 2019
IN
WRIT PETITION CRIMINAL NO. 136 OF 2016
Petition under Order XV Rule 5 of the Supreme Court Rules,
2013 with A Prayer to agitate the matter before Hon’ble the
Chief Justice of India’s Court for urgent relief.
IN THE MATTER OF:
OM PRAKASH & ANR …………..APPELLANT(S)
VERSUS
STATE OF BIHAR & ORS ….RESPONDENT(S)
WITH
MEOMO OF APPEARANCE TO APPEAR AND ARGUE AS
APPELLANT-IN-PERSON ON BEHALF OF APPELLANT NO.02
PAPER BOOK
(FOR INDEX KINDLY SEE INSIDE)
APPELLANT IN PERSON
OM PRAKASH
ON BEHALF OF APPELLANT NO.02
LATE SMT. ASHA RANI DEVI

FILING INDEX
CRL.M.P.NO. 65866 OF 2020
IN
M.A.D.NO.42652 OF 2019
IN
WRIT PETITION (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
APPELLANT NO.02
AND
IN THE MATTER OF:
OM PRAKASH & ANR …………..APPELLANT(S)
VERSUS
STATE OF BIHAR & ORS ….RESPONDENT(S)
S.N Particulars Copies
1. Memo of Appearance 1
2. Memo of parties in WR 136/2016 1
3. Appeal under Order XV Rule 5
along with Affidavit
1+3
4. Annexures P-01 to P-06 1+3
Appellant-in-Person
(Om Prakash)
On behalf of Appellant No.02
(Late Srmt. Asha Rani Devi)
ASHA DEEP NIWAS
SONALI, SHUKKAR HATT, NEAR
DURGA MANDIR, KANTIYA
PANCHAYAT, P.S. KADWA
KATIHAR, BIHAR-855114
MOB: 9540389759
E-mail: om.poddar@gmail.com
NEW DELHI:
FILED ON : 20.07.2020
Diary No.: 15192/2020

INDEX
S.N Particulars Page No.
1. Memo of Appearance ‘A’
2. Crl. M.P. NO. 65866 of 2020 1-37
Application for appeal under
Order XV Rule 5 against the
Registrar’s Lodgment Order
Dated 14.07.2020 in M.A.D.NO.
42652 of 2020 in W.P.(Crl.)NO.
136 of 2016 along with Affidavit
3. Annexure: P-1 38-42
RTI Order dated 22-02-2017
in appeal no.44 of 2017 by Supreme
Court of India against violation of
rules in Writ Criminal 136 of 2016
RTI Order dated 30-03-2017 in
Appeal no.88 of 2017 by Supreme
Court of India against violation
of rules in Writ Criminal 136 of 2016
5. Annexure: P-3 47
NOTICE of hearing dated

05.03.2020 in M.A. 583/2020/
M.A.D.NO.42652/2019 by Supreme
Court of India
Office report dated 06.03.2020
in M.A. 583/2020/M.A.D.NO.42652/2019
by Supreme Court of India
7. Annexure: P-5 50
13.07.2020 in M.A. 583/2020
M.A.D.NO.42652/2019 by Supreme
Court of India
Lodgment Order dated 14.07.2020
vide M.A. diary no. 42652 of 2019
issued by Ld. Registrar (J-IV),
Supreme Court of India under
Order XV Rule 5 of the Supreme
Court Rules, 2013

WRIT PETITON (CRIMINAL) NO. 136 OF 2016
MEMO OF PARTIES
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

M.A.D.NO.15192 OF 2020
WITH
CRL.M.P. NO.65866 OF 2020
IN
M.A.D.NO. 42652 OF 2019
WITH
CRL.M.P.NO.182006/2019
WITH
CRL.M.P.NO.52123/2020
IN
WRIT PETITION 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 APPELLANT
NO.02
AND
IN THE MATTER OF:
OM PRAKASH & ANR .. APPELLANT(S)
VERSUS
STATE OF BIHAR & ORS ………..RESPONDENT(S)
APPEAL BY WAY OF MOTION AGAINST THE
LODGEMENT ORDER DATED 14.07.2020 IN
M.A.D.NO. 42652 OF 2019 IN WRIT
PETITION(CRIMINAL)NO.136 OF 2016 ISSUED
BY LD. REGISTRAR SUPREME COURT OF INDIA
UNDER ORDER XV RULE 5 OF THE SUPREME
COURT RULES, 2013.

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
APPELLANT abovenamed.
MOST RESPECTFULLY SHOWETH:
1. That the present criminal
miscellaneous petition under Article 32 of the
Constitution of India is being filed for the
posthumous justice for APPELLANT no.02, Srmt.
Asha Rani Devi who has succumbed to suspicious
death during the course of fighting against the
state of Bihar and others; against the denial of
access to Constitution Bench since 2016 by this
Hon’ble Court; for ensuring punishment against
the concerned corrupt organs of the state; for
ensuring compensation against the irreparable
damage and loss caused to the appellants and for
the enforcement of the Rights of APPELLANTs
under Article 21 of the Constitution of India.
2. That the parties are CORRUPT,
CRIMINAL, CROOK JUDGES, ADVOCATES POLICE and

BANK OFFICIALS in M.A.D.NO. 42652 OF 2019/M.A
NO. 583 of 2020 in W.P.(Criminal) 136 of 2016,
wherein rights under Article 21 of Constitution
of India has been suspended through N.B.W u/s 83
Cr.Pc. causing jurisdictional error deliberately
and secretly since 2011 by the State of Bihar
and others and wherein Order dated 21.10.2016
in W.P.(Criminal) 136 of 2016 of Supreme Court
of India has stood in breach of Article 21 of
Constitution of India as a result of that the
APPELLANT no.02 has succumbed to suspicious
death on 11.11.2017 and APPELLANT no.01 is
likely to succumb to suspicious death soon
because the nexus of state and mafia has
organized mob lynching and illegal detention of
APPELLANT and has been compelled to remain
underground by these corrupt, criminal, crook
and goon’s organs of the state.
3. That CRL.M.P.NO.52123/2020
(Application for Written Arguments) dated
05.06.2020 in M.A.D.NO.42652/2019 to be read as

part of this appeal by way of motion Under Order
XV Rule 5 because it contains sensitive material
evidence against in-built corruption in Law
enforcement agencies.
4. That matter is sensitive because it
contains suspicious death of APPELLANT no.02 and
several applications under Right to Information
Act against the in-built corruption in Law
enforcement agencies. The most recent
applications under Right to Information Act are
JUSTC/R/E/20/01519 dated 13-06-2020 and
JUSTC/R/E/20/00981 dated 22-03-2020 against this
Hon’ble Court.
5. That the second appeal under Right
to Information Act has been admitted by Central
Information Commission against Hon’ble the Chief
Justice of India vide F.NO.
CIC/SCOFI/A/2020/669735 dated 05-05-2020 in
connection with denial of access to Constitution
Bench with oblique motive to protect the corrupt

organs of the state since 2016 by this Hon’ble
Court.
6. That the APPELLANT no. 01 and 02 had
approached this Hon’ble court with a petition
which raised a substantial question of law as to
the interpretation of the Constitution may be
heard and decided; against the infringement of
fundamental rights; against the fake 498A;
against the fake N.B.W dated 08.09.2011 u/s 83
Cr.Pc.; against the conversion of justice into
injustice by the state of Bihar and others;
against the contempt of divorce judgment
delivered by the High Court of Delhi in 2013 by
the state of Bihar and others causing
jurisdictional error deliberately and secretly.
Instead of entertaining this criminal writ
136/2016, this Hon’ble court has violated the
order XXXVIII of Supreme Court Rule, 2013;
violated set practice, procedure and rules
against Writ Criminal 136 of 2016 as laid down
in the handbook of this Hon’ble court prior to

its amendment in 2017 to stop the APPELLANT
no.02 to agitate the matter before Hon’ble CJI’s
court. Hence, the fundamental rights of the
APPELLANTs were not protected by this Hon’ble
court which has resulted in suspicious death of
APPELLANT no.02.
7. Order dated 21.10.2016 in W.P. (CRL)
136/2016 has stood in breach of Article 21, as a
result of that APPELLANT no.02 could not fulfil
her last wish to visit her own house and died
out under illegal lock up on 11.11.2017 at New
Delhi.
8. That after the suspicious death of
APPELLANT no.02, APPELLANT no.01 has called the
Bihar police to execute the N.B.W order dated
08.09.2011 u/s 83 Cr.Pc. and asked to arrest the
APPELLANT. However, police has refused to arrest
the APPELLANT no.01 in absence of any N.B.W
against him.

9. That the police report dated
31.05.2019 in connection with the execution of
fake N.B.W is evident of the fact that there is
inbuilt judicial corruption/inbuilt corruption
in Law enforcement agencies. Police report dated
31.05.2019 has been annexed herewith as Annexure
P-17 in CRL.M.P.NO.52123/2020 (Application for
Written Arguments) dated 05.06.2020 in
M.A.D.NO.42652/2019.
10. That police report dated 31.05.2019
is evident of the fact that judicial corruption
is the reason for suspicious death of the victim
APPELLANT no.02.
11. That the perpetrators (With Toyota
Camry Car registration no. V87 6250 GROSSINGER)
are enjoying life in Chicago, Illinois and
Newbury Park, California in the United States of
America because they are fraud, criminal, crook
and black money holder and have bribed corrupt
law enforcement agencies to institute a fake

498A and to issue two fake N.B.Ws against the
victim APPELLANTs and his old age ailing
handicapped parents and have managed to locked
them up in dark room since 17 years. Out of
three victims, two have been died out so far
under illegal lock up; only APPELLANT no.01 is
surviving under illegal lock up who happens to
be the next target for these corrupt Law
enforcement agencies.
12. That the perpetrators have managed
to disconnect the electricity of the victim
Appellant’s house since 2012 with the help of
corrupt government agencies.
13. That the perpetrators have
terminated the service of the victim Appellant
illegally with the help of corrupt defense
officials, Mr. Praveen Kumar in 2014 as a result
of that W.P. (Civil) 90/2016 has been filed
before this Hon’ble Court by the appellants.

14. That the perpetrators have turned
the house of victim Appellants into public
toilet with the help of corrupt police officers
and elected Panchayati Raj Institutions leader,
Mr. Bihari Lal Bubna in 2016 as a result of that
W.P.(Civil) 90/2016 and Writ Petition
(Criminal) D.NO.2188 of 2017 have been filed
before this Hon’ble Court by the appellants.
15. That now APPELLANT has approached
this Hon’ble court to ensure punishment against
these concerned corrupt authorities and to
recover Rs.1 crore from them as compensation
against the irreparable damage and loss caused
to the APPELLANTs.
16. That the catena of judgments against
the issuance of N.B.Ws has been passed by the
Hon’ble Supreme Court of India wherein Hon’ble
Supreme Court has held that issuing a warrant of
arrest is a very serious act, which directly
affects the rights of an individual and while

doing so, the Court has to be very cautious.
17. The Hon’ble Supreme Court in the
case of Raghuvansh Dewanchand Bhasin versus
State of Maharashtra reported in (2012) 9
SCC 791 has held that issuing non-bailable
warrant of arrest directly involves curtailment
of liberty of a person.
18. The Hon’ble Supreme Court took note
of the earlier judgment in the case of Inder
Mohan Goswami versus State of Uttaranchal
reported in (2007) 12 SCC 1. Paragraph 12
of the judgment rendered in the case of
Raghuvansh Dewanchand Bhasin (supra) is quoted
hereunder: -
In Inder Mohan Goswami v. State of Uttaranchal, a
Bench of three learned Judges of this Court
cautioned that before issuing non-bailable
warrants, the courts should strike a balance
between societal interests and personal liberty

and exercise its discretion cautiously.
Enumerating some of the circumstances which the
court should bear in mind while issuing non-
bailable warrant, it was observed (SCC pp. 17-18,
paras 53-55)
53. Non-bailable warrant should be issued
to bring a person to court when summons or
bailable warrants would be unlikely to have the
desired result. This could be when:
It is reasonable to believe that the person will
not voluntarily appear in court; or
The police authorities are unable to find the
person
To serve him with a summon; or
It is considered that the person could harm
Someone if not placed into custody immediately.
54. As far as possible if the court is of the
opinion that a summon will suffice in getting the
appearance of the accused in the court, the

summon or the bailable warrants should be
preferred. The warrants either bailable or non-
bailable should never be issued without proper
scrutiny of facts and complete application
of mind, due to the extremely serious
consequences and ramifications which ensue on
issuance of warrants. The court must very
carefully examine whether the criminal complaint
or FIR has not been filed with an oblique
motive.
55. In complaint cases, at the first
instance, the court should direct serving of
the summons along with the copy of the
complaint. If the accused seem to be avoiding the
summons, the court, in the second instance should
issue bailable warrant. In the third instance,
when the court is fully satisfied that the
accused is avoiding the court’s proceeding
intentionally, the process of issuance of
the non-bailable warrant should be resorted
to.

Personal liberty is paramount, therefore, we
caution courts at the first and second
instance to refrain from issuing non-bailable
warrants.
19. That When violation of any procedure
of law attracts a penal provision (herein
declaration as proclaimed offender), the
procedure, which seeks to declare him an
offender, has to be strictly followed and cannot
be relaxed. This penal provision makes
compliance of Section 82(3) of the Code
mandatory in nature, In this regard it is
necessary to refer a judgment of Hon’ble
Supreme Court. The Supreme Court in the case of
Securities and Exchange Board of India versus
Gaurav Varshney and Another reported in (2016)
14 SCC 430 (para 32.5) has held as under: -
32.5 And filthy because, contravention of Section
12(1-B) entails penal consequences, and
therefore, cannot be construed as directory. We

therefore hereby accept the submission advanced
on behalf of the learned counsel for the
Board and hold that the bar created for
new operators, of a collective investment
initiative, was absolute and mandatory. The
bar under Section 12(1-B) restrained persons
(who were not engaged in any collective
investment venture up to 25.01.1995) from
commencing activities concerning collective
investment, till they had obtained a
certificate of registration, in consonance with
the Collective Investment Regulations.
20. The Supreme Court, in the context of
service of summons under the Civil Procedure
Code, 1908, in the case of Auto Cars versus
Trimurti Cargo Movers Pvt. Ltd. & Ors. reported
in (2018) 15 SCC 166, held that any non-
compliance with the statutory requirements
regarding mentioning of the specific “day, date,
year and time” would amount to material
infirmity rendering summons as well as their

service bad in law and consequently cannot be
held to be duly served.
21. Hon’ble Supreme Court in the case of
State of Madhya Pradesh versus Pradeep
Sharma reported in (2014) 2 SCC 171, after
relying on other judgments, has held that if a
person is declared as proclaimed offender /
absconder in terms of Section 82 of the Code,
he is not entitled for relief of
anticipatory bail. Thus, when the relief of
anticipatory bail is curtailed, as a consequence
of an order passed under Section 82 of the
Code, declaring a person absconder, the said
order cannot be passed in mechanical manner
without recording satisfaction and reasons nor
can the same be passed without following the
procedure as laid down in the Code. In view of
the aforesaid circumstances and the consequence
one has to face, the Court has to be very
cautious while issuing an order under Section 82
of the Code.

22. That the attachment order in terms
of Section 83 of the Code has been passed since
the accused remained absent in spite of issuance
of processes under Section 82 of the Code. This
also cannot be a ground for passing an
attachment order in terms of Section 83 of the
Code.
23. The fact remains that in a case
where processes in terms of Section 82 and 83 of
the Code are issued separately, then without
recording a statement, as envisaged under
Section 82(3) of the Code, attachment order
under Section 83 of the Code cannot be issued.
24. That court below Patna High Court
has violated the law laid down by the Hon’ble
Supreme Court of India in the context of
issuance of warrants, processes and attachment
orders in this case. The Court below Patna High
Court has caused jurisdictional error
deliberately and secretly with oblique motive

and criminal intentions. None the provisions, as
envisaged in Sections 73, 82 and 83 of the Code
has been complied with by the Court below Patna
High Court. The aforesaid principle laid down by
the Hon’ble Supreme Court can very well be
applied here and in the cases where warrants,
processes and attachment orders are issued in
terms of the Code and the statutory forms
appended to the statute.
25. That the instant W.P. (Criminal)
136/2016 filed by the APPELLANT no.01 and 02 had
faced several violations of rules, manipulations,
suppression of records and denial of access to
justice in actual, genuine and black and white
manner which is evident from the several
petitions filed after the dismissal of Writ
Criminal 136/2016 before this Hon’ble Court; Writ
Petition (Criminal) D.NO.3913 of 2017 has
been filed against the Registrar of this Hon’ble
Court and Writ Petition (Criminal) D.NO.2188
of 2017 has been filed against the Union of

India along with several RTIs. All 15 orders of
Supreme Court of India are annexed herewith the
CRL.M.P.NO.52123/2020 (Application for Written
Arguments) in M.A.D.NO.42652/2019. Apart from
Supreme Court orders, RTI Order dated 22-02-2017
in appeal no.44 of 2017 in D.NO.2191/RTI/16-
17/SCI passed by Mr. M.V. Ramesh, Registrar-cum-
Appellate Authority and thereafter subsequent
Order dated 08.12.2017 in appeal no.
CIC/SCOFI/A/2017/113204 by Mr. Radha Krishna
Mathur, Chief of Central Information Commissioner
against this violation. There after order dated
30-03-2017 in Appeal no.88 of 2017 in
D.NO.2522/RTI/16-17/SCI by FAA Supreme Court and
subsequent Order dated 16.01.2018 in appeal no.
CIC/SCOFI/A/2017/122864 by CIC against the
violation of the rules. APPELLANT had raised this
issue of inbuilt corruption and suppression of
record in office report dated 20.10.2016 through
RTI with a question as to why Registrar
(Miscellaneous), Supreme Court of India did not
list his application dated 03.10.2016 for urgent

mentioning before the Hon’ble Chief Justice of
India. APPELLANT had again raised another issue
of inbuilt corruption and violations of set
practice, procedure and rules against Writ
Criminal 136 of 2016 by the Registry of this
Hon’ble Court as laid down in the handbook of
this Hon’ble court prior to its amendment in 2017
to stop the APPELLANT no.02 to agitate the matter
before Hon’ble CJI’s court, evasion of Order
XXXVIII of Supreme Court Rule, 2013 against Writ
Criminal 136 of 2016 by the two judges’.
RTI Order dated 22-02-2017 in appeal
no.44 of 2017 by Supreme Court of
India against violation of rules in
Writ Criminal 136 of 2016 has been
annexed herein as Annexure P-1 (Page
from 38 to 42).
RTI Order dated 30-03-2017 in Appeal
no.88 of 2017 by Supreme Court of
India against violation of rules in

Writ Criminal 136 of 2016 has been
annexed herein as Annexure P-2 (Page
from 43 to 46).
26. That M.A.D.NO.42652/2019 or M.A.583
of 2020 in Writ Petition (Criminal) 136 of
2016 has been filed after the disposal of SLP
(Civil) 9854 of 2012, SLP (Civil) 9483 of
2013, SLP (Civil) 19073 of 2013, Writ
Petition (Civil) 90 of 2016, Writ Petition
(Criminal) 136 of 2016, Review Petition
(Criminal) 825 of 2016, Writ Petition
(Criminal) D.NO.2188 of 2017, Writ Petition
(Criminal) D.NO.3913 of 2017, M.A. 84 of
2017, Curative Petition (Criminal) D.NO.41026
of 2016, M.A. D.NO. 22539 of 2018 and M.A.
2836 of 2018.
27. This appeal by way of motion Under
Order XV Rule 5 to be looked into a sum total of
all the petitions noted above in para 26 and
filed before this Hon’ble Court interlinked with

the same matter arising out of different cause of
actions from 2012 to till date.
28. That after the suspicious death
of APPELLANT no.02, APPELLANT no.01 has
complied the order dated 21.10.2016 of
Supreme Court of India in W.P. (Crl.)
136/2016 and has filed CR.WJC Token
no.45078/2019 before Patna High Court under
Article 226. But instead of quashing the fake
N.B.W and fake 498A, Patna High court has
organized mob lynching and illegal detention
of the APPELLANT, forced him to delete the
name of APPELLANT no.02, forced him to file
legal heir of the property, forced him to add
Article 227 and put the matter into regular
cause list deliberately with oblique motive to
delay and to cause gross miscarriage of
justice.
29. That there is a dramatic lodgment of
M.A. diary no. 42652 of 2019 on 14.07.2020 which

raises several doubts and reflects oblique
motive.
30. That M.A. diary no. 42652 of 2019
had been registered as M.A. 583/2020 on
10.02.2020 and thereafter NOTICE of hearing has
been served in M.A. 583/2020 on 05-03-2020 with
process ID: 49613/2020 by Supreme Court of
India.
05.03.2020 in M.A. 583/2020
has been annexed herein as
Annexure P-3 (Page from 47 to
47).
31. That office report dated 06.03.2020
in M.A. 583/2020 is self-explanatory of the fact
that CRL.M.P.No. 77878 of 2016 and W.P.(Crl.)
No. 136 of 2016 have been weeded out after due
preservation. Hence, the paper books of the
Crl.M.P.No. 77878 of 2016 and W.P.(Crl.) No. 136
of 2016 have been prepared by this Registry and

circulated before the Lordship for kind perusal.
Office report dated 06.03.2020
in M.A. 583/2020 has been
annexed herein as Annexure P-4
(Page from 48 to 49).
32. That thereafter letter for urgency
along with affidavit has been filed vide
D.NO.45922/2020 dated 17-03-2020 for urgent
mentioning which has been turned down twice.
33. That thereafter M.A. 583/2020 has
been tentatively listed for hearing on 08-06-
2020 before Supreme Court of India without
serving NOTICE to the APPELLANT.
34. That thereafter application for
written arguments vides D.NO.52123/2020 in M.A.
583/2020 has been filed on 05-06-2020 by the
APPELLANT.

35. That there after again NOTICE of
hearing has been served in M.A. 583/2020 on 13-
07-2020 with process ID: 70677/2020 by Supreme
Court of India.
NOTICE of hearing dated 13.07.2020 in
M.A. 583/2020 has been annexed herein as
Annexure P-5 (Page from 50 to 50).
36. That under the above circumstances,
the Lodgment Order dated 14.07.2020 vide M.A.
diary no. 42652 of 2019 has been issued by Ld.
Registrar (J-IV), Supreme Court of India under
Order XV Rule 5 of the Supreme Court Rules,
2013.
Registrar’s Lodgment Order dated
14.07.2020 in M.A.D.NO.42652/2019 under
Order XV Rule 5 of the Supreme Court
Rules, 2013 has been annexed herein as
Annexure P-6 (Page from 51 to 54).
37. That the Ld. Registrar observes in

her lodgment order that “the Hon’ble Court after
going through the office report dated 20.10.2016
dismissed the Writ Petition and granted liberty
to the APPELLANT to approach High Court’ but she
fails to observe the circumstances of dismissal
with oblique motive.
38. That being aggrieved by the order dated
14.07.2020 of Ld. Registrar (J-IV) of this
Hon’ble Court, the APPELLANT is challenging the
same on the following amongst other grounds: -
a)BECAUSE Lodgment order has failed to take
into account the circumstances of dismissal
of W.P.(CRL)136/2016 with oblique motive
b)BECAUSE Lodgment order has failed to take
into account the inbuilt corruption in law
enforcement agencies throughout the case.
c)BECAUSE Lodgment order has failed to take
into account that the decision regarding the

nature of bench and constitution of bench is
the power of Hon’ble Chief Justice of India
only, therefore Registrar is biased to say
that no question arises for listing of the
Writ Petition before the Constitution bench
of this Hon’ble court and according to
constitutional Law.
d)BECAUSE Lodgment order has failed to take
into account that Order VI of Supreme Court
Rules, 2013 deals with the “Constitution of
division courts and powers of a single
judge”. Registrar is biased to say with
oblique motive that a matter could be listed
before a larger bench only in terms of Rule 2
of Order VI of Supreme Court Rules, 2013.
e)BECAUSE Lodgment order has failed to take
into account that the APPELLANTs have been
stopped to mention and agitate the matter
before Hon’ble the Chief Justice of India
since the inception of the case for deciding

the nature and constitution of the bench by
Hon’ble the Chief Justice of India.
f)BECAUSE Lodgment order has failed to take
into account that if the APPELLANTs would
have been allowed to mention the matter
before Hon’ble the Chief Justice of India in
the beginning of the case, the question of
division bench and single bench under Order
VI of Supreme Court Rules, 2013 would not
have been arisen. The matter would have been
referred to the Constitution bench then and
there only.
g)BECAUSE Lodgment order has failed to take
into account that the matter is fit for the
Constitution Bench only, but there has been a
deliberate attempt to divert and dilute the
matter into division bench to make it liable
for dismissal or to convert it into curative
petitions to ensure the gross miscarriage of
justice by this Hon’ble Court.

h) BECAUSE the petition has raised a
substantial question of law as to the
interpretation of the Constitution may be
heard and decided therefore the matter to be
referred to Hon’ble the Chief Justice of
India for deciding the nature of bench and
constitution of bench on the merit, facts and
circumstances of the case according to
constitutional Law.
i) BECAUSE Order XXXVIII of Supreme Court Rule,
2013 has been violated therefore the matter
to be referred to Hon’ble the Chief Justice
of India for deciding the nature of bench and
constitutional Law.
j) BECAUSE there is violations of set practice,
procedure and rules against Writ Criminal 136
of 2016 by the Registry of this Hon’ble Court
as laid down in the handbook of this Hon’ble

court prior to its amendment in 2017
therefore the matter to be referred to
Hon’ble the Chief Justice of India for
deciding the nature of bench and constitution
of bench on the merit, facts and
constitutional Law.
k)BECAUSE order has stood in breach of Article
21 which has resulted in suspicious death of
APPELLANT no.02 therefore the matter to be
referred to Hon’ble the Chief Justice of
India for deciding the nature of bench and
constitutional Law.
l)BECAUSE after the settlement of the matter by
one High Court, continuation of the same
matter by another High Court is
unconstitutional therefore the matter to be
decided by Constitution Bench or the matter

of India for deciding the nature of bench and
constitutional Law.
m)BECAUSE Patna High Court has no jurisdiction
to entertain this matter therefore the matter
of India for deciding nature of bench and
constitutional Law.
n)BECAUSE instead of quashing the fake
N.B.W and fake 498A, Patna High court has
organized mob lynching and illegal
detention of the APPELLANT, forced him to
delete the name of APPELLANT no.02,
forced him to file legal heir of the
property, forced him to add Article 227
and put the matter into regular cause

list deliberately with an oblique motive
to delay and to cause gross miscarriage
of justice.
o)BECAUSE court below Patna High Court has
violated the law laid down by the Hon’ble
Supreme Court of India in the case of
Raghuvansh Dewanchand Bhasin versus State of
Maharashtra reported in (2012) 9 SCC 791
in connection with issuance of non-bailable
warrant of arrest therefore N.B.W dated
08.09.2011 in Cr. case complaint(P) 5591/2013
at Begusarai court to be quashed and set
aside.
p)BECAUSE court below Patna High Court has
Supreme Court of India in the case of Inder
Mohan Goswami versus State of Uttaranchal
reported in (2007) 12 SCC 1. Paragraph
12 of the judgment rendered in the case of
Raghuvansh Dewanchand Bhasin (supra) in

connection with issuance of non-bailable
warrant of arrest therefore N.B.W dated
aside.
q) BECAUSE court below Patna High Court has
Supreme Court of India in the case of
Securities and Exchange Board of India versus
Gaurav Varshney and Another reported in
(2016) 14 SCC 430 (para 32.5) in connection
with declaration as proclaimed offender
therefore N.B.W dated 08.09.2011 in Cr. case
complaint (P) 5591/2013 at Begusarai court to
be quashed and set aside.
r)BECAUSE court below Patna High Court has
Supreme Court of India in the case of Auto
Cars versus Trimurti Cargo Movers Pvt. Ltd.
& Ors. reported in (2018) 15 SCC 166 in the

context of service of summons under the Civil
Procedure Code, 1908 therefore N.B.W dated
aside.
s)BECAUSE court below Patna High Court has
Supreme Court of India in the case of State
of Madhya Pradesh versus Pradeep Sharma
reported in (2014) 2 SCC 171 in the
context of issuance of an order under Section
82 of the Code therefore N.B.W dated
aside.
PRAYER
It is most respectfully prayed that Hon’ble court
may be pleased to:

(a) To set aside the Lodgment order dated
14.07.2020 of Ld. Registrar Supreme Court
of India and refer M.A. D.NO. 42652/2019
along with CRL.M.P.NO.52123/2020 to Hon’ble
the Chief Justice of India for deciding the
nature of the bench and constitution of the
bench on the merit, facts and circumstances
of the case according to the constitutional
Law.
(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:
APPELLANT-IN-PERSON
OM PRAKASH
S/O LATE SHRI DEEP NARAYAN PODDAR
ON BEHALH OF APPELLANT NO.02
LATE SRMT. ASHA RANI DEVI
ASHA DEEP NIWAS, SONALI, SHUKKAR HATT,
IN FRONT OF DURGA MANDIR, KANTIYA PANCHAYAT,
P.S. KADWA, KATIHAR, BIHAR-855114
MOB: 9540389759
E-mail: om.poddar@gmail.com
NEW DELHI:
FILED ON : 20.07.2020
Diary No.: 15192/2020

M.A.D.NO.15192 OF 2020
WITH
CRL.M.P.NO. 65866 OF 2020
IN
M.A.D.NO.42652 OF 2019
WITH
CRL.M.P.NO.182006/2019
WITH
CRL.M.P.NO.52123/2020
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 APPELLANT
NO.02
AND
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 Appellant 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 appeal
under Order XV Rule 5 against the Registrar
Lodgment Order dated 14.07.2020 in
M.A.D.No.42652/2019 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 38.], [Page 01 to 34] 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-06 [Page 38 to 54]
are true copy of its respective original.
4. That the accompanying appeal under Order XV Rule
5 against the Registrar Lodgment Order dated
14.07.2020 in M.A.D.No.42652/2019 in Writ
Petition (Criminal) 136 of 2016 before the
Constitution bench contains total 54 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 20th
day of July,
2020.
DEPONENT

Om Prakash Poddar <om.poddar@gmail.com>
NOTICE OF HEARING
1 message
Section X, Supreme Court of India <sec.x@sci.nic.in>
Fri,
Mar
6,
2020
at
11:30
AM
To: OM.PODDAR@gmail.com
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION No. 583 OF 2020
IN
WRIT PETITION (CRL.) NO. 136 OF 2016
OM PRAKASH & ANR.
VERSUS
...
Petitioner(s)/Appellant(s)
STATE OF BIHAR & ORS. ... Respondent(s)
To,
OM PRAKASH S/O LATE SHRI DEEP NARAYAN PODDAR
RZF-893, NETAJI SUBHASH MARG,
RAJ NAGAR, PART-2, PALAM COLONY
NEW DELHI - 110077.
(PROCESS ID:49613/2020)
MA583 / 2020 / X
TAKE NOTICE that the Misc. Application above-mentioned will be
listed before the Hon'ble Court for hearing on 16th March, 2020 and will
be taken up by the Court on that date at 10:30 a.m. or so soon thereafter as
may be convenient to the Court.
You are hereby required to remain present before this Court at New
Delhi on the 16th March, 2020at 10:30 a.m.
1. You will not be allowed to take Mobile phones, laptops or electronic
gadgets inside the court rooms. These articles should not be brought or own
arrangement should be made for safe keeping, for which Registry does not
take responsibility.

2. Confirmation regarding Court in which the matter will be taken
up for hearing and the Item Number may be obtained from the Official
Website of Supreme Court of India
(http://www.supremecourtofindia.nic.in). These details may be confirmed
a day before or on the date of hearing.
Dated :05th March, 2020
ASSISTANT REGISTRAR
Important Notice
LEGAL AID
(1) Legal Services of an advocate is provided by the Supreme Court Legal
Services Committee and the Supreme Court Middle Income Group Legal
Aid Society to eligible litigants.
For further information, please contact the Secretary, Supreme Court
Legal Services Committee or the Member Secretary, Supreme Court Middle
Income Group Legal Aid Society, 107-108, Lawyers' Chambers, R.K. Jain
Block - Near Post Office, Supreme Court Compound, Tilak Marg, New
Delhi-110001 (Tel Nos. 011-23388316, 23388597)
MEDIATION
(2) The facility of amicable settlement of disputes by trained mediators in
cases pending in the Supreme Court is now available in the Supreme Court.
For further information, please contact the Coordinator, Supreme
Court Mediation Centre, 109, Lawyers' Chambers, R.K. Jain Block - Near
Post Office, Supreme Court Compound, Tilak Marg, New Delhi-
110001 (Tel No. 011-23071432)

MATTER FOR 16.03.2020 COURT NO.5 ITEM NO.19 SEC-X
MISCELLANEOUS APPLICATION NO. 583 OF 2020
CRL.M.P.NO. 182006 OF 2019
(APPLICATION FOR DIRECTION FILED BY PETITIONER-IN- PERSON)
IN
WRIT PETITION (CRL.) NO. 136 OF 2016
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
OM PRAKASH & ANR. ...PETITIONERS
-VERSUS-
STATE OF BIHAR & ORS. ...RESPONDENTS
OFFICE - REPORT
It is submitted that instant Writ Petition (Crl.)
No. 136 of 2016 above mentioned was filed by the
Mr. Om Prakash, Petitioner-in-Person on
30.08.2016.
It is further submitted that the Petitioner-in-
Person has on 18.10.2016 filed an application for
listing the Writ Petition (Crl.) No. 136 of 2016
before the Constitution Bench of Seven Judges
Bench. The said application is unregistered and
bearing Dy No. 77278 of 2016.
It is further submitted that above mentioned Writ
Petition (Crl.) No. 136 of 2016 and Dy No. 77278
of 2016 ( Application for listing the Writ
Petition(Crl.) No. 136 of 2016 before the
Constitution Bench of Seven Judges Bench) were
listed before the Hon‘ble Court on 21.10.2016
through office report dt. 20.10.2016 when the
Hon‘ble Court has dismissed the writ petition and
directed the petitioner to approach the High
Court (Copy of the order dated 21.10.2016 is
enclosed herewith).

It is further submitted that Petitioner-in-Person
has on 27.11.2019 filed an application for
direction along with the affidavit and Annexures
P-1 to P-18. In the application one of the prayer
made by the petitioner- in-person at Para 1, is
to register and list the Unregistered Application
Dy No. 77878 of 2016 (Application for listing the
Writ Petition (Crl.) No. 136 of 2016 before the
Constitution Bench of Seven Judges Bench),
however the said application has already been
placed before this Hon‘ble Court on 21.10.2016
with an office report as mentioned in above para.
The said application is registered as M.A.No. 583
of 2020 and copy of the same is placed with the
Writ Petition Paper books.
It is further submitted that paper books of
CRL.M.P.No. 77878 of 2016 and W.P.(Crl.) No. 136
of 2016 have been weeded out after due
preservation. Hence, the paper books of the
Crl.M.P.No. 77878 of 2016 and W.P.(Crl.) No. 136
of 2016 have been prepared by this Registry and
circulated before the Lordship for kind persual.
It is lastly submitted that notice for hearing
for 16.03.2020 has been forwarded to the
petitioner-in-person through e-mail.
The Miscellaneous Application in the matter above
mentioned above-mentioned is listed before the
Hon'ble Court with this Office Report.
Dated this the 6th day of March, 2020
ASSISTANT REGISTRAR
Copy to: Petitioner-in-person
ASSISTANT REGISTRAR

Om Prakash Poddar <om.poddar@gmail.com>
NOTICE OF HEARING ON 27/07/2020 OF MA 583/20 IN WR
136/2016
Section X, Supreme Court of India <sec.x@sci.nic.in>
Mon, Jul 13, 2020 at
12:48 PM
To: OM PODDAR <OM.PODDAR@gmail.com>
MISCELLANEOUS APPLICATION No. 583 OF 2020
IN
WRIT PETITION (CRIMINAL) 136 OF 2016
OM PRAKASH .
VERSUS
...
Petitioner(s)/Appellant(s)
STATE OF BIHAR ... Respondent(s)
To,
1 OM PRAKASH .,
ASHA DEEP NIWAS, SONAILI, KADWA,
DISTRICT- , BIHAR - 855114
TAKE NOTICE that the matter above mentioned will be listed before
the Hon'ble Court for hearing on 27th July, 2020 and will be taken up by
the Court on that date at 10.30'O Clock in the forenoon or so soon thereafter
as may be convenient to the Court.
You are hereby required to remain present before this Court through
Video-Conferencing with the link send to you on Your Mobile on the 27th
July, 2020 at 10.30 O'Clock in the forenoon.
Confirmation regarding Court in which the matter will be taken up
for hearing and the Item Number may be obtained from the Official
Website of Supreme Court of India
(http://www.supremecourtofindia.nic.in). These details may be confirmed
a day before or on the date of hearing.
Dated :04th July, 2020
ASSISTANT REGISTRAR

M.A.D.No.15192 dated 20.07.2020 before Supreme Court of India

M.A.D.No.15192 dated 20.07.2020 before Supreme Court of India

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M.A.D.No.15192 dated 20.07.2020 before Supreme Court of India