This document is an appeal filed in the Supreme Court of India challenging a lodgment order issued by the Registrar regarding a previous petition.
The petitioner argues that the Registrar wrongly lodged the previous petition under Order XV Rule 5 of the Supreme Court Rules, claiming it raised no new issues. However, the petitioner asserts new circumstances have arisen, including the suspicious death of petitioner no. 02.
The petitioner further claims the Registrar failed to consider violations of Supreme Court rules and human rights in the case. The appeal seeks to challenge the Registrar's order and agitate the matter citing the new circumstances and grounds.
Criminal Appeal Diary No. 32273 dated 29.08.2018 before SC
1. FILING INDEX
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CRL.M.P. D.NO.32273 OF 2018
IN
M.A.D.NO. 22539 OF 2018
IN
WRIT PETITION CRIMINAL D.NO.2188 OF 2017
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(S)/APPELLANT(S)
VERSUS
UNION OF INDIA & ORS ….RESPONDENT(S)
S.N Particulars Copies Court Fees
1. Memo of Appearance 1
2. Appeal with Affidavit 1+3
3. Annexure P-1 1+3
Petitioner in Person
Filed on: 29.08.2018 (Om Prakash)
Diary No: 32273 On behalf of Petitioner No.02
(Late Smt. Asha Rani Devi)
RZF-893, NETAJI SUBUSH
MARG, RAJ NAGAR PART-2
PALAM COLONY, NEW DELHI-110077,
DWARKA SEC-08
MOB: 9968337815
E-mail: om.poddar@gmail.com
2. IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CRL.M.P. D.NO.32273 OF 2018
IN
M.A.D.NO. 22539 OF 2018
IN
WRIT PETITION CRIMINAL D.NO.2188 OF 2017
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(S)/APPELLANT(S)
VERSUS
UNION OF INDIA & ORS ….RESPONDENT(S)
MEMO OF APPEARANCE
To
The Registrar
Supreme Court of India
New Delhi
Sir,
Please enter my appearance Petitioner-in-Person
on behalf of petitioner No.02 in the above
mentioned matter:
New Delhi
Dated this the day of 2018
Yours faithfully,
(OM PRAKASH )
Petitioner-in-Person
On behalf of Petitioner No.02
(Widow Asha Rani Devi)
3. IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CRIMINAL MISCELLANEOUS PETITIOND.NO. 32273 OF 2018
IN
M.A.D.NO. 22539 OF 2018
IN
WRIT PETITION CRIMINAL D.NO. 2188 OF 2017
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 …………..PETITIONER
VERSUS
UNION OF INDIA & ORS ….RESPONDENT
WITH
MEOMO OF APPEARANCE TO APPEAR AND ARGUE AS
PETITIONER-IN-PERSON ON BEHALF OF PETITIONER NO.02
PAPER BOOK
(FOR INDEX KINDLY SEE INSIDE)
PETITIONER IN PERSON
OM PRAKASH
ON BEHALF OF PETITIONER NO.02
LATE SMT. ASHA RANI DEVI
4. INDEX
S.N Particulars Page No.
1. Memo of Appearance ‘A’
2. M.P. (Crl.) D.NO. of 2018 1-16
Appeal by way of motion against
M.A.D.NO.22539 of 2018 in W.P.(Crl.)D.NO.
2188 of 2017 Lodged dated 23.08.2018 under
Order XV Rule 5 of the Supreme Court Rules,
2013 along with Affidavit
3. Annexure: P-1 17-20
True copy of Lodgement Order
dated 23.08.2018 in M.A.D.NO.
22539 of 2018 issued by
Ld. Registrar (J-IV) of this
Hon’ble Court.
5. IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CRL.M.P. D.NO.32273 OF 2018
IN
M.A.D.NO. 22539 OF 2018
IN
WRIT PETITION CRIMINAL D.NO.2188 OF 2017
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
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
6. Bihar-855114
VERSUES
1. Union of India ….RESPONDENT No.01
Through the Cabinet Secretary
Cabinet Secretariat
Rashtrapati Bhawan
New Delhi-110004
2. The Registrar (Misc) ….RESPONDENT No.02
Hon’ble Supreme Court of India
Tilak Marg, New Delhi
3. State of Bihar ….RESPONDENT No.03
Through Chief Secretary,
Old Secretariat, Patna-800015
4. The Hon’ble Patna ….RESPONDENT No.04
High Court,
Through
Hon’ble Registrar General,
Patna High Court
Patna-800028
5. Ld. CJM Court ….RESPONDENT No.05
Through Ld. CJM
7. Begusarai, Bihar
Civil Court, Ld. CJM Division
at Begusarai, Bihar
6. The Secretary ….RESPONDENT No.06
Cum-Legal Remembrancer
Law Department, Government of Bihar
Main Secretariat Patna-800015
7. Shri Praveen Kumar(IDAS) ….RESPONDENT No.07
Chairman and Managing Director (C&MD),
Indian Drugs & Pharmaceuticals Ltd,
H.O. Scope Complex, Core-6, 1st
Floor
7 Lodhi Road, New Delhi-110003
APPEAL BY WAY OF MOTION AGAINST THE
LODGEMENT ORDER DATED 23.08.2018 IN
M.A.D.NO.22539 OF 2018 IN WRIT
PETITION(CRIMINAL)D.NO.2188 OF 2017 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
8. Humble petition of the Petitioner
abovenamed.
MOST RESPECFULLY SHOWETH:
1. That the present miscellaneous
petition criminal under Article 32 of the
Constitution of India is being filed to enforce
the Rights under Article 21 of the Constitution of
India along with/tagged with Writ Petition
(Criminal) D.NO. 2188 of 2017, D.NO.
17748/SCI/PIL(E)/2017, D.NO. 16043/SCI/PIL(E)/2018
M.A. NO. 84/2017 in Writ Petition (Criminal) D.NO.
3913 of 2017, Writ Petition (Criminal) 136 of 2016
and Writ Petition (Civil) 90 of 2016; whereby all
petitions have been either dismissed violating
Order XXXVIII of Supreme Court Rules, 2013 without
any speaking order or Lodged abusing power under
Order XV Rule 5 of the Supreme Court Rules, 2013
which led to petitioner No.02 Smt. Asha Rani Devi
to succumb to planned judicial murder on
11.11.2017 at New Delhi and forced petitioner
No.01 Shri Om Prakash to become underground and
delay in registration of Writ Petition (Criminal)
D.NO. 2188 of 2017 would cause another planned
judicial murder of petitioner No.01 Shri Om
Prakash; whereby Registrar (J-IV) of this Hon’ble
court has refused to register M.A.D.NO. 22539/2018
in Writ Petition (Criminal) D.No. 2188 of 2017
9. under Article 32 of Constitution of India titled
as “Om Prakash & Anr Vs. Union of India & Ors” on
the ground of the application in question i.e.
M.A.D.NO. 22539/2018 is not maintainable and,
therefore, lodged under order XV, Rule 5 of the
Supreme Court Rules, 2013 which has resulted in
gross miscarriage of justice and paved the way for
another planned judicial murder of Shri Om
Prakash, Petitioner no.01 who happens to be the
only survivor in this 14 year old case; 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 Lodgement Order dated
23.08.2018 vide diary no. 22539 of 2018 issued by
Ld. Registrar (J-IV), Supreme Court of India under
Order XV Rule 5 of the Supreme Court Rules, 2013
has been annexed herein as Annexure P-1 (Page from
17 to 20).
3. That the Lodgement Order dated 23.08.2018 of
Ld. Registrar, Supreme Court of India revolves
around cliché of “repetition of same petition” and
the matter has already attained finality and the
petitioner is, therefore, not justified in
agitating the same issues all over again.
10. 4. However, the Ld. Registrar, Supreme Court of
India has failed to take into account that matter
after attaining its finality at the Apex Court,
N.B.W dated 08.09.2011 u/s 83 Cr.Pc. in a non-
maintainable, false and frivolous 498-A Criminal
Case Complaint (P) 5591 of 2013 still exists at
SDJM Court No.16, Begusarai Court Bihar even after
W.P. (Crl.) 136 of 2016 and M.A. (Crl.) 84 of 2017
attained its finality before Supreme Court of India
and Petitioner No.02 Smt. Asha Rani Devi has been
succumbed to planned judicial murder on 11.11.2017
at New Delhi and Petitioner No.01 Om Prakash has
been forced to become underground.
5. That the insensitive Ld. Registrar has taken
the planned judicial murder of Late Smt. Asha Rani
Devi, petitioner no.02 in a casual manner saying,
“the petitioner in person has already raised all
such issues, barring the death of petitioner no.02,
in such previous writ petition which was dismissed
by this Hon’ble Court.”
6. That the Ld. Registrar has found devoid of any
reasonable cause for Constitution of Enquiry to
investigate the events and circumstances
surrounding the death of Petitioner No.02 because
11. the main accused in this case is Rtd. Justice
S.B.Sinha of this Hon’ble Court.
7. That the main ground espoused by the
petitioners are that there is sheer violation of
Order XXXVIII of Supreme Court Rules, 2013 and
rampant violation of rule of law, rampant violation
of human rights in this case. However, this has not
been noticed by the Ld. Registrar so far. His
findings are misleading from the main ground and
seem biased.
8. That the Ld. Registrar, Supreme Court of India
has failed to take into account that this M.A.D.NO.
22539/2018 has arisen out of in response to
posthumous email letter dated 15.04.2018,
18.04.2018 and 21.04.2018 sent by the petitioner
no.01 addressed to Hon’ble the Chief Justice of
India thereafter letter D.NO.4293/2016/X dated
03.05.2018 sent by Section X of Supreme Court of
India to the petitioner no.01 to comply with the
mandatory provision of order VIII Rule 5 & 6(i) of
the Supreme Court Rules, 2013
9. That the provision of Order XV, Rule 5 of
Supreme Court Rules, 2013 clearly stipulate, “The
Registrar may refuse to receive a petition on the
12. ground that it discloses no reasonable cause or is
frivolous or contains scandalous matter but the
petitioner may within fifteen days of the making of
such order, appeal by way of motion, from such
refusal to the Court”.
10. However, Ld. Registrar of this Hon’ble Court
has thoroughly abused his power under the provision
of Order XV, Rule 5 of Supreme Court Rules, 2013
and has intentionally ignored the valid new
reasonable cause/findings in the garb of no
reasonable cause/same findings not to be received
for registration. Hence, lodged under Order XV Rule
5 of the Supreme Court Rules, 2013 to protect and
shield the bad elements of state apparatus and to
offend, harass, victimize, infringe constitutional
right of petitioners.
11. That being aggrieved by the order dated
23.08.2018 of Ld. Registrar (J-IV) of this Hon’ble
Court, the petitioner is challenging the same on
the following amongst other grounds: -
a)BECAUSE the M.A.D.NO. 22539/2018 has arisen out
of in response to posthumous email letter dated
15.04.2018, 18.04.2018 and 21.04.2018 sent by
the petitioner no.01 addressed to Hon’ble the
Chief Justice of India.
13. b)BECAUSE the M.A.D.NO. 22539/2018 has arisen
after M.A. 84 of 2017 in W.P.(Crl.)D.NO.3913 of
2017 which has been dismissed by the division
bench of Hon’ble Justice A.K. Sikri on
14.07.2017 by this Hon’ble Court.
c)BECAUSE two planned murder viz. infirm old age
handicapped father Late Shri Deep Narayan
Poddar and infirm old age oxygen dependent
mother Late Smt. Asha Rani Devi of petitioner
no.01 have taken place and two death
certificates have been placed on records before
this Hon’ble Court and petitioner no.01 happens
to be the only survivor in his family now.
d)BECAUSE the judicial order dated 18.04.2016 by
the division bench of Hon’ble Justice Rajan
Gogoi in Writ Petition (Civil) 90 of 2016 and
judicial order dated 07.10.2016 by the division
bench of Hon’ble Justice Rajan Gogoi in Writ
Petition (Criminal) 136 of 2016 of this Hon’ble
Court are solely responsible for the planned
judicial murder of petitioner no.02. Petitioner
no.01 has taken the additional ground through
interlocutory application no.03 in Writ
Petition (Civil) 90 of 2016 and apprised the
matter of hidden 498A case that the state of
Bihar is affecting the administration of
14. Justice. The bug would have been stopped or
killed then and there only. However, the
division bench of Hon’ble Justice Rajan Gogoi
intentionally overlooked the matter which has
resulted in planned judicial murder of
petitioner no.02 on 11.11.2017. Moreover, the
order dated 18.04.2016 has been deleted from
the website of Supreme Court of India now
against which the petitioner has filed
complaint before Hon’ble the Chief Justice of
India through email dated 26.08.2018,
27.08.2018 and 28.08.2018. The division bench
of Hon’ble Justice Rajan Gogoi has not called
for any order on 07.10.2016 in Writ Petition
(Criminal) 136 of 2016 as the petitioner had
applied to mention the matter before Hon’ble
the Chief Justice of India. Although, the
petitioner had apprised before the Hon’ble
Court that mentioning officer has cheated the
petitioner and listed the matter before his
bench.
e)BECAUSE there is enough reasonable cause
adduced from para 07 to 96 and A to R in
M.A.D.NO.22539 of 2018 for Constitution of
Enquiry to investigate the events and
circumstances surrounding the death of
Petitioner No.02 as the petitioner no.01 has
15. called PCR and recorded police statement
against the main accused Rtd. Justice S.B.Sinha
of this Hon’ble Court. All previous petitions
filed from 2012 to till date before this
Hon’ble Court contains material evidence
against the main accused Rtd. Justice S.B.
Sinha of this Hon’ble Court.
f)BECAUSE there is violation of Order XXXVIII of
Supreme Court Rules, 2013.
g)BECAUSE liberty has been imposed to approach
High Court but no grounds have been recorded in
final order of final court.
h)BECAUSE final order of final court is not
speaking order and it does not explains on what
ground after winning from High Court of Delhi
petitioner is at liberty to approach other
states of High Court for the same cause of
action and for the same relief.
i)BECAUSE jurisdiction of petitioner no.02 was
Bihar and the jurisdiction of petitioner no.01
is Delhi and the first cause of action arose in
Delhi and has been settled by the High Court of
Delhi after three SLPs before the division
bench of Hon’ble Justice G.S. Singhvi of this
16. Hon’ble Court. State of Bihar is affecting
the administration of justice through its false
hidden criminal case at the behest of Rtd.
Justice S.B. Sinha of this Hon’ble Court which
has been dug out through RTI by the
petitioners. Hence, this matter is fully under
the jurisdiction of this Hon’ble Court only.
j)BECAUSE N.B.W dated 08.09.2011 u/s 83 Cr.Pc. in
a non-maintainable, false and frivolous 498-A
Criminal Case Complaint (P) 5591 of 2013 still
exists at SDJM Court No.16, Begusarai Court
Bihar even after W.P. (Crl.) 136 of 2016 and
M.A. (Crl.) 84 of 2017 attained its finality
before Hon’ble Supreme Court of India and
Petitioner No.02 Smt. Asha Rani Devi has been
succumbed to planned judicial murder on
11.11.2017 at New Delhi and Petitioner No.01 Om
Prakash has been forced to become underground.
k)BECAUSE the matter pertains to Constitution
bench and it has not been referred to
Constitution bench as yet.
l)BECAUSE petitioner no.02 approached this
Hon’ble Court under Article 32 of Constitution
of India to enforce Article 21. However she has
been denied access to justice; which has
17. resulted in planned judicial murder of
petitioner no.02.
m)BECAUSE the petitioners have been subjected to
violation of principle of Natural Justice by
this Hon’ble Court who approached this Hon’ble
Apex Court under Article 32 against rampant
atrocities by the state apparatus in two states
and for enforcement of their fundamental rights
under Article 21.
n)BECAUSE fresh reasonable cause and new findings
have arisen and caused by this Hon’ble Court.
o)BECAUSE the petitioners are NOT re-agitating
the same petition however agitating against the
planned judicial murder of petitioner no.02,
gross violation of Constitution, gross
violation of rule of law and gross violation of
human rights caused by this Hon’ble Court.
p)BECAUSE there is likelihood of bias against
Writ Criminal 136 of 2016 by the two judges’
bench as laid down in the Yadav Vs. State of
Haryana AIR 1987 SC 454.
q)BECAUSE there is sheer violation of
Constitutional Law by the final Order of final
18. court and petition raised substantial question
of law as to the interpretation of the
Constitution required and to be decided by a
division court of not less than five judges.
r)BECAUSE this Hon’ble Court is shielding and
protecting the bad elements of State Apparatus
and offending, harassing, victimizing, awarding
Capital Punishment or Death Penalty without
written Judicial Order through violating,
evading the Rule of Law, violating human rights
and suspending the life or personal liberty of
the petitioners.
PRAYER
It is most respectfully prayed that this Hon’ble
Court may be pleased to:
(a) Set aside the Lodgment order dated 23.08.2018
of Ld. Registrar Supreme Court of India and
pass an order for registration of the same and
allow the petitioners to agitate the matter
urgently before Hon’ble the Chief Justice of
India’s Court for urgent relief.
(b) Direct to comply the Order XXXVIII of Supreme
Court Rules, 2013.
19. (c) Direct to list the matter before Constitution
bench of Hon’ble Supreme Court of India.
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 : 29.08.2018.
DIARY NO : 32273
(LATE SMT. ASHA RANI DEVI)
ON BEHALF OF PETITIONER NO.02
20. IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CRL.M.P. D.NO. 32273 OF 2018
IN
M.A.D.NO. 22539 OF 2018
IN
WRIT PETITION CRIMINAL D.NO.2188 OF 2017
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(S)/APPELLANT(S)
VERSUS
UNION OF INDIA & ORS ….RESPONDENT(S)
AFFIDAVIT
I, Om Prakash S/o Late D. N. Poddar, aged 44 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 appeal by
way of motion against the Lodgment Order dated
21. 23.08.2018 of Ld. Registrar Supreme Court of
India in M.A.D.NO. 22539 of 2018 under Order XV
Rule 5 of the Supreme Court Rules, 2013, which
has been drafted by me [para 01 to 11.],[a to
r] [Page 01 to 13] 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 appeal by way of motion
against the Lodgment Order dated 23.08.2018 of
Ld. Registrar Hon’ble Supreme Court of India
total 20 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 29th
day of
August,2018.
DEPONENT