Email to Patna High Court dated 21.05.2019

5/21/2019 Gmail - Hon'ble Patna High Court to issue Suo-Motto Order against Non-Maintainable 498 (A) for enforcement of Article 21
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Om Prakash Poddar <om.poddar@gmail.com>
Hon'ble Patna High Court to issue Suo-Motto Order against Non-Maintainable 498
(A) for enforcement of Article 21
1 message
Om Prakash Poddar <om.poddar@gmail.com> Tue, May 21, 2019 at 10:03 PM
To: phcgrievance-bih@gov.in, hcpat-bih <hcpat-bih@nic.in>
IN THE HIGH COURT OF JUDICATURE AT PATNA
ORIGINAL CRIMINAL WRIT JURISDICTION
AND
IN THE MATTER OF ARTICLE 226 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)
VERSUES
STATE OF BIHAR & ORS …………………RESPONDENT(S)
BETWEEN
1. Om Prakash ………PETITIONER NO.01
S/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

AND RENTED
R/O RZF-893, Netaji Sbhash Marg
Raj Nagar Part-2,
Palam Colony
New Delhi-110077
2. Widow Asha Devi ……PETITIONER NO.02
(SINCE DECEASED)
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
APPLICATION FOR SUO-MOTTO ORDER AGAINST NON
MAINTAINABLE 498(A) PROCEEDINGS FOR ENFORCEMENT
OF ARTICLE 21 OF THE CONSTITUTIION OF INDIA.
To

Hon'ble the Chief Justice of Patna High Court
MOST RESPECTFULLY SHEWETH:
1.RELIEF
The petitioners claiming relief of suo-motto order by
Hon’ble Patna High Court for cancellation of N.B.W dated
08.09.2011 issued under section 83 Cr.Pc. against the
petitioners and quashing the non-maintainable criminal
proceedings in Criminal Case Complaint (P) No. 5591 of
2013 under Section 498(A) of the Indian Penal Code.
2.QUESTION(S) OF LAW
That the main questions of Law to be decided in this
petition are:-
i. Whether or not registration of Criminal Case
Complaint (P) No. 5591 of 2013 dated 07.02.2011 and
concealing this material fact from the Family court
Dwarka at New Delhi in HMA-700/2010 on 09.02.2011 by the
client of women protection officer is void?
ii. Whether or not registration of case no.9P/2010
dated 30.03.2010 and Criminal Case Complaint (P) No. 5591
of 2013 dated 07.02.2011 thereafter subsequent issuance of
N.B.W dated 25.08.2010 and N.B.W and dated 08.09.2011 u/s

83 Cr. Pc. by the same CJM division Begusarai wherein
first N.B.W being kept open on the court record while
second N.B.W being dug out through Right to Information
Act is void or non-maintainable?
3.JURISDICTION
That this Hon’ble High Court has jurisdiction to
entertain the present Writ Petition as the parties to the
present petition are residing within the territory of
Bihar.
4.FACTS OF THE CASE
The present application is arising out of order dated
21.10.2016 in Writ Petition (Criminal) No. 136 of 2016
filed by Sh. Om Prakash (Petitioner No.01)and his widowed
mother Ms. Asha Rani Devi as petitioner no.02 (since
deceased) against the State of Bihar and Others before
Supreme Court of India whereby petitioners have been
given liberty to approach High Court.
i) Order dated 09.02.2011 in case no. HMA-700/2010 passed
by Principal Judge, Family Court, Dwarka at New Delhi
along with supplied copies of case no.9P/2010 by the
client of Protection officer, Begusarai is annexed herein
as Annexure P-1

ii) Certified copy of replication dated 03.03.2011
along with order dated 04.04.2011 by the Magistrate,
Begusrai court is annexed herein as Annexure P-2
iii) The Divorce judgment dated 23.07.2013 is annexed
herein as Annexure P-3
iv) That Department of Justice Government of India has
forwarded president of India secretariat complaint no.
PRSEC/E/2016/06805 dated 08.06.2016 (against CJM Court
Begusarai) to Registrar General Patna High Court for
further action as appropriate.
v) RTI reply dated 27.08.2016 by CJM Begusarai is annexed
herein as Annexure P-4
vi) Order dated 21.10.2016 in Writ Petition Criminal 136
of 2016 by Supreme Court of India is annexed herein as
Annexure P-5
vii) RTI reply dated 20.09.2017 by District and Session
Judge, Begusarai is annexed herein as Annexure P-6
viii) That during the course of fighting against State of
Bihar and others before Supreme Court of India petitioner
no.02 has succumbed to suspicious death on 11.11.2017 at
New Delhi. Police report dated 11.11.2017, police

statement dated 11.11.2017 by her son petitioner no.01,
postmortem report dated 11.11.2017 and death registration
certificate dated 09.01.2018 of petitioner no.02 is
annexed herein as Annexure P-7
ix) That Department of Justice Government of India
forwarded the president of India Secretariat complaint no.
PRSEC/E/2017/13766 dated 06.10.2017 of deceased petitioner
no.02 Widow Srmt. Asha Rani Devi to Patna High Court
grievances Cell phcgrievance-bih@gov.in on 30.11.2017
x) That Mr. Kishore Prasad, Joint Registrar (Judicial)
Patna High Court has transferred the RTI application
dated 22.04.2018(received from Deptt. Of Justice,
Ministry of Law and Justice, Govt. of India letter dt.
14.05.2018) of petitioner to CJM Begusarai vide memo no.
47138 dated 30.06.2018 which has not been replied back
CJM Begusaai as yet. In this RTI application, petitioner
has sought complete reply w.e.f 07.02.2011 as to why
constitutional priority being ignored for the sake of
litigants interest.
xi) That SHO Kadwa, Katihar has submitted his police
inquiry report dated 13.05.2019 against the pending N.B.W
against the petitioners. Police inquiry report dated
13.05.2019 by SHO Kadwa, Katihar is annexed herein as
Annexure P-8

xii) Order dated 22.04.2019 by Begusarai Court in Criminal
Case Complaint (P) no. 5591 of 2013 is annexed herein as
Annexure P-9
xiii) That aggrieved by this act of Ms. Meena Kumari, SDJM
Court No.16, Begusarai, Bihar, petitioner has filed
complaints against the State of Bihar and others through
Centralized Public Grievances Redress And Monitoring
systems. Complaint no. DEPOJ/E/2019/01142 dated 30.04.2019
forwarded by Department of Justice to Registrar General,
Patna High Court on 01.05.2019, DEPOJ/E/2019/01217 dated
07.05.2019 forwarded by Department of Justice to Registrar
General, Patna High Court on 08.05.2019
5.GROUND
That being aggrieved by the order dated 22.04.2019 in
Criminal Case Complaint (P)no. 5591/2013 under section
498(A) by Ms. Meena Kumari, SDJM Court-16, CJM Division
Begusarai, the petitioner is challenging the same non-
maintainable criminal proceedings under section 498(A)on
the following amongst other grounds: -
A.BECAUSE the Ld. CJM Begusarai has acted in excess of its
jurisdiction – by overstepping or crossing the limits of
jurisdiction by way of continuing proceedings of case no.
9P/2010 under domestic violence and proceedings of
Criminal Case Complaint (P)NO. 5591 of 2013 under section

498(A) simultaneously whereas both the proceedings cannot
take place simultaneously in open and secret manner i.e.
domestic violence case in open manner and 498 (A) case in
secret manner as evident from the order sheet and the date
of institution of both the cases.
B. BECAUSE registering and continuing the proceedings of
one case in open manner and another case in secret manner,
Ld. CJM Begusarai has acted in flagrant disregard of law
or the rules of procedure or acting in violation of
principles of natural justice where there is no procedure
specified, and thereby occasioning failure of justice.
C. BECAUSE the Ld. CJM Begusarai has acted without its
jurisdiction, by assuming jurisdiction where there exists
none as evident from the order dated 04.04.2011 in case
no. 9P/2010 wherein no order passed against the
replication filed by the petitioners for setting aside
domestic violence case as the Client of Women Protection
has already joined the proceedings of divorce case in HMA-
700/2010 on 09.02.2011 at New Delhi and the same has been
concealed from the Begusarai court.
D. BECAUSE SDJM Court no.16 Begusarai has committed an
offence of perjury and the same has been admitted and
disclosed by the District & Session Judge in his RTI reply
dated 20.09.2017 that litigant interest is supreme for him
therefore he ignored the proceedings of Hon’ble High Court

of Delhi in the same matter and further reaffirmed by
stating that “Court cannot advice any of the parties
because role of Court is only to adjudicate the justice in
the ambit of litigant interest because litigant interest
is supreme”. Hence, Constitutional priority has been
deliberately ignored by the CJM, DJ and SDJM of Begusarai
court.
E. BECAUSE Ms Veena Kumari, Women Protection officer and
her husband Advocate Gopal kumar, registration no.
836/1991, registered under Bihar State Bar Council, filed
a false and fabricated domestic violence case no. 9P/2010
with ulterior motive and criminal intention while the
domestic violence application was barred by limitation,
the alleged date of separation was 15 April 2005 and the
domestic violence complaint had been filed on 30th March
2010 after a gap of 5 years what were the complainant
doing in all these intervening 5 years being ignored by
Authority.
F. BECAUSE Ms Veena Kumari, Women Protection officer and
her husband Advocate Gopal kumar has committed an offence
of perjury and concealed the service of divorce NOTICE
dated 21.11.2010 duly served to their client and
subsequent appearance by their client before Principal
Judge Family Court at New Delhi in HMA-700/2010 on
09.02.2011 as evident from the order dated 23.12.2010,

13.01.2011, 22.02.2011, 04.04.2011, 11.04.2011, 18.04.2011
and 02.05.2011 in case no.9P/2010.
G. BECAUSE the client of women protection officer has
concealed the material fact of 498(A) case and not
supplied the copy of 07.02.2011 instituted case no.
5591/2013 under section 498(A) on 09.02.2011 before Trial
Court at New Delhi.
H. BECAUSE criminal proceedings under 498(A) has affected
the administration of divorce judgment delivered by High
Court of Delhi in MAT.APPL. 7/2012 which has also violated
the principles of Natural Justice and thereby occasioned
failure of justice.
I. BECAUSE Ms. Meena Kumari, SDJM Court no.16, CJM
division Begusarai has totally overlooked the order dated
21.10.2016 in Writ Petition Criminal 136 of 2016 passed
by Supreme Court of India and continued the criminal
proceedings under section 498(A) and kept on extending
the next date of hearing on 26.06.2019 in criminal case
complaint(P) no. 5591 of 2013.
J.BECAUSE SP Begusarai has kept the N.B.W dated 25.08.2010
in its file only and not executed the same, which is
evident from the order sheet of Begusarai court in case
no. 9P/2010 and subsequent Police inquiry report dated
13.05.2019 by SHO, Kadwa, Katihar and in turn created an
atmosphere of fear, spread out hatred among the society

against the petitioners since 2010, which has infringed
the Article 21 of the petitioners, resulted in suspicious
death of petitioner no.02.
K. BECAUSE concerned police authorities have infringed the
Article 21 of the petitioners which in turn made the life
of petitioner no.02 miserable to live in her Sonaili,
Kadwa, Katihar house; which has resulted in suspicious
death of petitioner no.02 on 11.11.2017 at New Delhi and
the same act continued by the police authorities which is
posing imminent danger to the life and liberty of the only
survivor left, petitioner no.01 herein.
6.AVERMENT
i) That the Petitioner does not have any alternative and
efficacious remedy for enforcement of his fundamental
rights.
ii) That the present petitioner has filed Writ Petition
(Criminal) 136 of 2016 against the State of Bihar and
Others before the Hon’ble Supreme Court of India on the
same subject matter which has been dismissed on
21.10.2016, whereby petitioners have been given liberty to
approach High Court.
-:PRAYER:-

In the above premises, it is prayed that this Hon'ble Court
may be pleased:
(i) To issue suo-motto order for enforcement of Article
21 of the constitution and cancellation of N.B.W dated
08.09.2011 process u/s 83 Cr.Pc. against Shri Om Prakash
Poddar and Srmt. Asha Devi (since deceased) and quashing
of the pending criminal proceedings in Criminal Case
Complaint (P) No.5591 of 2013 u/s 498A to ensure life or
personal liberty and freedom of movement across the Indian
Territory by the petitioner no.01.
(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 IN PERSON
OM PRAKASH
On behalf of Petitioner No.02
(Late Widow Asha Rani Devi)
(Since deceased)
MOB: 9968337815/9540389759
E-mail: om.poddar@gmail.com
PATNA, BIHAR:
FILED ON : 21.05.2019.
Settled by: Petitioner in person
Encl: As above
10 attachments

Certified Copy of Begusarai Court.pdf
8773K
RTI reply of CJM Begusarai dated 27.08.2016.pdf
1536K
Reply of District & Session Judge Begusarai dated 20.09.2017.pdf
1568K
Judgement of High Court of Delhi dated 23.07.2013.pdf
190K
Supreme Court Order dated 21.10.2016.pdf
44K
Annexure P_7.pdf
1731K
Annexure P_8 .pdf
233K
Order dated on 22.04.19 of Begusarai Court in Criminal case Complaint (P) No. 5591 of 2013 .pdf
115K
Order dated 09.02.2011 in HMA_700 of 2010 .pdf
507K
Application for Suo Motto order against 498A by Patna High Court.pdf
164K

Email to Patna High Court dated 21.05.2019

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