Supreme Court appeal against lodgment order

IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CRL.M.P. NO. OF 2017
IN
WRIT PETITION CRIMINAL NO.OF 2017 D.NO.3913
WITH
WITH
WRIT PETITION CRIMINAL NO.136 OF 2016
AND
WRIT PETITON CIVIL NO. 90 OF 2016
IN THE MATTER OF:
OM PRAKASH & ANR ……..PETITIONER
VERSUS
REGISTRAR ….RESPONDENT
SUPREME COURT OF INDIA & ANR
APPLICATION FOR SEEKING PERMISSION TO SUBMIT
CORRECTED PARA 5 OF THE PERFORMA FOR FIRST
LISTING AGAINST APPEAL BY WAY OF MOTION AGAINST
THE LODGEMENT ORDER DATED 16.02.2017 VIDE
D.NO.3913 OF 2017 ISSUED BY 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 Petitioner abovenamed.
MOST RESPECFULLY SHOWETH:
1. That the present petition under Article
32 of the Constitution of India is being filed to
enforce the Rights under Article 21 of the Constitution
of India with Writ Petition Criminal vide D.NO. 3913 of
2017, Writ Petition Criminal vide D.NO. 2188 of 2017,
Writ Petition Criminal 136 of 2016 and Writ Petition
Civil 90 of 2016; whereby Registrar (J-I) of this
Hon’ble court has refused to register Writ Petition
(Criminal) No………. of 2017 (D.No. 3913) under Article
32 of Constitution of India titled as “Om Prakash & Anr
Vs. Registrar, Supreme Court of India & Anr” on the
ground of no reasonable cause received for registration
under order XV, Rule 5 of the Supreme Court Rules, 2013
which has suspended the fundamental rights of the

petitioners under Article 21 and closed the door of
this Hon’ble Court for the petitioners forever,
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 corrected para 5 of the Performa
for first listing against Appeal by way of motion
against Lodgement Order dated 16.02.2017 vide diary no.
3913 of 2017 issued by Registrar, 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
07 to 08).
3. That the para 5 of the Performa for the first
listing has been corrected and hence Appeal Crl. M.P.
No……..of 2017 NOT TO BE LISTED BEFORE: Hon’ble Justice
Navin Sinha; Hon’ble Justice Ranjan Gagoi; Hon’ble
Justice Prafulla Chandra Pant; Hon’ble Justice Pinaki
Chandra Ghose and Hon’ble Justice Uday Umesh Lalit.

4. That 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.
PRAYER
It is most respectfully prayed that this Hon’ble Court
may be pleased to:
(a) Allow the petitioners to submit a corrected
para 5 of the Performa for first listing
against the Appeal by way of motion against
Lodgement Order dated 16.02.2017 vide diary no.
3913 of 2017 issued by Registrar, Supreme Court
of India under Order XV Rule 5 of the Supreme
Court Rules, 2013 for consideration of para 03
of this petition/application by this Hon'ble
Court as the same is very necessary in the
interest & furtherance of justice.

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 : 23.02.2017.
DIARY NO : 17593
(WIDOW ASHA RANI DEVI)
ON BEHALF OF PETITIONER NO.02

IN
WITH
WITH
AND
IN THE MATTER OF:
VERSUS
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 application
for seeking permission to submit corrected para 5
of the Performa for first listing against appeal by
way of motion against the Lodgment Order dated
16.02.2017 of Registrar Supreme Court of India vide
D.NO. 3913 of 2017 under Order XV Rule 5 of the
Supreme Court Rules, 2013, which has been drafted
by me [para 01 to 04.],[Page 01 to 04 ] 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 application for seeking
permission to submit corrected para 5 of the
Performa for first listing total 08 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 23rd
day of February,
2017.
DEPONENT

FILING INDEX
IN
WRIT PETITION CRIMINAL NO. OF 2017 D.NO.3913
WITH
WITH
AND
IN THE MATTER OF:
VERSUS
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: 20.02.2017 (Om Prakash)

Diary No: 16166
(Widow Asha Rani Devi)
On behalf of Petitioner No.02
RZF-893, NETAJI SUBUSH
MARG, RAJ NAGAR PART-2
PALAM COLONY, NEW DELHI-77
DWARKA SEC-08
MOB: 9968337815
E-mail: om.poddar@gmail.com

IN
WITH
WITH
AND
IN THE MATTER OF:
VERSUS
APPEAL BY WAY OF MOTION AGAINST THE LODGEMENT
ORDER DATED 16.02.2017 VIDE D.NO.3913 OF 2017
ISSUED BY REGISTRAR SUPREME COURT OF INDIA
UNDER ORDER XV RULE 5 OF THE SUPREME COURT
RULES, 2013.
To

2017, Writ Petition Criminal vide D.NO. 2188 of 2017,
Writ Petition Criminal 136 of 2016 and Writ Petition
Civil 90 of 2016; whereby Registrar (J-I) of this
Hon’ble court has refused to register Writ Petition
(Criminal) No………. of 2017 (D.No. 3913) under Article
32 of Constitution of India titled as “Om Prakash & Anr
Vs. Registrar, Supreme Court of India & Anr” on the
ground of no reasonable cause received for registration
under order XV, Rule 5 of the Supreme Court Rules, 2013
petitioners under Article 21 and closed the door of
this Hon’ble Court for the petitioners forever,
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.
6. That the Lodgement Order dated 16.02.2017
vide diary no. 3913 of 2017 issued by Registrar,
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 12 to 14).
7. That the Lodgement Order dated 16.02.2017 of
Registrar, Supreme Court of India has thoroughly
misconceived that the main grounds espoused by the
petitioners are that the Registrar did not have power
to refuse registration of the earlier Writ petition
filed by the petitioner under the provision of Order
XV, Rule 5 of Supreme Court Rules, 2013, the petition
having been diarized as Diary No. 2188 of 2017.
8. That the provision of Order XV, Rule 5 of Supreme
Court Rules, 2013 clearly stipulates, “The Registrar

may refuse to receive a petition on the 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”.
9. That the main ground espoused by the petitioners
are that the 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 to be received for registration 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, suspend the right to life or
personal liberty of the petitioners.

misconceived that the petition is not permissible in
law; an Statutory appeal, instead should have been
filed by the petitioners.
11. That the Registrar, Supreme Court of India has
failed to take into account that his Lodgement Orders
dated 28.01.2017 and 16.02.2017 have awarded Capital
punishment/death penalty to the petitioners indirectly
without a written Judicial Order of this final Court.
Moreover, in absence of written Judicial Order of
Capital Punishment, the petitioners cannot now even
move for mercy petition before Hon’ble the President of
India.
misconceived that Writ petition is not permissible in
law, however “Writ Petition (Criminal) No. 137 of 2010

in C. Muniappan & ORS VS. The Registrar of Supreme
Court of India, Writ Petition (Criminal) No. 52 of 2011
in B.A. Umesh VS. The Registrar of Supreme Court of
India, Writ Petition (Criminal) No. 77 of 2014 in Mohd.
Arif @ Ashfaq VS. The Registrar of Supreme Court of
India & ORS, Writ (Criminal) 108 of 2014 in Yakub Abdul
Razak Menon VS. The Registrar of Supreme Court of India
& ORS” has been permitted in law by this Hon’ble Court.
13. That being aggrieved by the order dated 16.02.2017
of Registrar (J-I) of this Hon’ble Court, the
petitioner is challenging the same on the following
amongst other grounds: -
a)BECAUSE the Writ petition is permissible and
maintainable in law as the same has been permitted
by this Hon’ble Court in the past in number of
cases with citation under para 8 of this appeal.

b)BECAUSE there is a sheer violation 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 to stop
the petitioner no. 02 to agitate the matter before
Hon’ble the Chief Justice of India’s Court.
c)BECAUSE the Registry has circulated an application
for Constitution bench unregistered in Writ
Criminal 136 of 2016 and forcibly pushed the
petitioner into Curative Stage.
d)BECAUSE a well-designed criminal conspiracy being
commissioned and strategy being adopted against the
petitioners by the Quasi-Judicial Officer of this
Hon’ble Court since 03.10.2016 to spoil the valid
ground of Constitution bench against the Writ
Petition Criminal 136 of 2016 and make it liable to
be dismissed with liberty by this Hon’ble Court and
to close the door of this Hon’ble Court under

Article 32 for enforcement of guaranteed
fundamental right of the petitioner under Article
21.
e)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 his fundamental rights under Article
21.
f)BECAUSE the petitioners are NOT re-agitating the
same petition however petitioners have been stopped
by this Hon’ble Court since 03.10.2016 to agitate
the matter at right place before Hon’ble the Chief
Justice of India’s Court as per the set practice,
procedure and rules of this Hon’ble Court.

g)BECAUSE new reasonable cause and new findings have
arisen and resulted by this Hon’ble Court.
h)BECAUSE there is evasion of Order XXXVIII of
Supreme Court Rules 2013 against Writ Criminal 136
of 2016 by two judges’ bench.
i)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.
j)BECAUSE the petitioners have NOT afforded liberty
to approach Patna High Court in Writ Petition
Criminal 136 of 2016, instead the petitioners have
lodged strong protest against it in the open Court
and this Order suffers from biased and prejudiced
judgment by two judges’ bench of this Hon’ble
Court.

k)BECAUSE there is sheer violation of Constitutional
Law by this Order 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.
l)BECAUSE this biased Order awards Capital
Punishment/Death Penalty to the petitioners
indirectly.
m)BECAUSE an offence of perjury by the Lower Court
and bad elements of two State Apparatus have been
placed on record in the petition who have been
posing imminent danger to the life or personal
liberty of the petitioners and affecting the
administration of Justice delivered by the Hon’ble
High Court of Delhi in 2013.
n)BECAUSE this Hon’ble Court is shielding and
protecting the bad elements of State Apparatus and

offending, harassing, victimizing, awarding Capital
Punishment/Death Penalty without written Judicial
Order indirectly through violating, evading the
Rule of Law initially and through issuing Lodgment
Orders lately, suspending the life or personal
liberty of the petitioners.
PRAYER
may be pleased to:
(a) To Set aside the Lodgment order dated 16.02.2017 of
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.

DRAWN & FILED BY:
OM PRAKASH
NEW DELHI:
FILED ON : 20.02.2017.
(WIDOW ASHA RANI DEVI)

IN
WITH
WITH
AND
IN THE MATTER OF:
VERSUS
AFFIDAVIT

4. That the contents of the accompanying appeal by way
of motion against the Lodgment Order dated
16.02.2017 of Registrar Supreme Court of India vide
D.NO. 3913 of 2017 under Order XV Rule 5 of the
Supreme Court Rules, 2013, which has been drafted
by me [para 01 to 09.], [Page 01 to 14] and I, As.
and having understood the contents thereof I say
3. That the accompanying appeal by way of motion
against the Lodgment Order dated 16.02.2017 of
Registrar Supreme Court of India total 14 pages.’
DEPONENT
VERIFICATION:

Verified at New Delhi on this the 20th
day of February,
2017.
DEPONENT

WRIT PETITION (CRIMINAL) NO. OF 2017
Petition under Article 32 of the Constitution of India with A Prayer for
Enforcement of Fundamental Rights.
IN THE MATTER OF:
OM PRAKASH & ANR …………..PETITIONER
VERSUS
APPLICATION FOR SEEKING PERMISSION TO APPEAR AND ARGUE
AS PETITIONER-IN-PERSON
AND GRANT SPECIAL POWER OF ATTORNEY TO PETITIONER NO.01
TO APPEAR AND ARGUE THE WRIT PETITION (CRIMINAL) NO.
OF 2017 ON BEHALF OF PETITIONER NO.02
PAPER BOOK
(FOR INDEX KINDLY SEE INSIDE)
OM PRAKASH

FILING INDEX
WRIT PETITION CRIMINAL NO. OF 2017
WITH
WITH
AND
IN THE MATTER OF:
VERSUS
S.N Particulars Copies Court Fees
1. Memo of Appearance 1
2. ID proof-Voter ID for P-1 & P-2 1
3. Listing Performa 1+3
4. Synopsis and list of dates 1+3
5. W P (Crl) with Affidavit 1+3
6. ANNEXURES P-1 to P-4 1+3
7. Appl. for argue in person 1+3

Petitioner in Person
Filed on:03.02.2017 Om Prakash
Diary No: 3913 RZF-893, NETAJI SUBUSH
MARG, RAJ NAGAR PART-2
PALAM COLONY, NEW DELHI-
110077, DWARKA SEC-08
MOB: 9968337815

WITH
WITH
AND
IN THE MATTER OF:
VERSUS
MEMO OF APPEARANCE
To
The Registrar
Supreme Court of India
New Delhi
Sir,
Please enter my appearance Petitioner-in-Person in
the above mentioned matter:
New Delhi

Dated this the day of 2017
Yours faithfully,
(OM PRAKASH )
Petitioner-in-Person

INDEX
S.N Particulars Page No.
1. Listing Performa A1-A2
2. Synopsis and list of dates B- D
3. Writ Petition (Criminal)
along with Affidavit in support.
4. Annexure: P-1
A True Copy of letter
dated 24.01.2017 by the
Section X of this Hon’ble Court
5. Annexure: P-2
A True Copy of letter dated
25.01.2017 by the petitioner to
Section X of this Hon’ble
Court
6. Annexure: P-3
31.01.2017 by the petitioner to
Section IB of this Hon’ble
Court

7. Annexure: P-4
01.02.2017 by the Section IB of
this Hon’ble Court to the
petitioner
8. Application for seeking permission
to appear and argue the Writ Petition
(Criminal) in person and grant special
power of Attorney on behalf of
petitioner no.02 along with supporting
affidavit.

SYNOPSIS AND LIST OF DATES
The present petition under Article 32 of the
Constitution of India is being filed to enforce
the Rights under Article 21 of the Constitution
of India with Writ Petition Criminal vide D.NO.
2188 of 2017, Writ Petition Criminal 136 of 2016
and Writ Petition Civil 90 of 2016; whereby
Registrar (J-I) of this Hon’ble court has refused
to register Writ Petition (Criminal) No………. of
2017 (D.No. 2188) under Article 32 of
Constitution of India titled as “Om Prakash & Anr
Vs. Union of India & Ors” on the ground of no
reasonable cause received for registration under
order XV, Rule 5 of the Supreme Court Rules, 2013
petitioners under Article 21 and closed the
door of this Hon’ble Court.
The Petitioner is filing the Criminal Writ
petition under the Article 32 of Constitution of

India for enforcement of his Rights under Article
21 of the constitution of India.
24.01.2017 Section X sent a letter regarding curative
petition Criminal vide D. No. 41026 of
2016 and informed to process the Curative
petition Criminal for listing before the
Hon’ble Judge-In-Chambers without
Certificate by Sr. Advocate.
25.01.2017 Petitioner replied back to Section X that
the petitioner does not give his consent
to list the Curative Petition Criminal
vide diary no.41026 before Hon’ble Judge-
in-Chamber WITHOUT CERTIFICATE BY SR.
ADVOCATE as it violates the guideline laid
down in Rupa Ashok Hurra vs Ashok Hurra
& Anr. Reported in (2002) 4 SCC 388
because petitioner has not filed the
Certificate by Sr. Advocate with valid

reason clarified under para 15 of the
same petition.
31.01.2017 Petitioner again sent a letter to the
Section IB of this Hon’ble Court for
notification of defects against Writ
Criminal vide D.NO. 2188 of 2017 as the
same was delayed by the normal time.
01.02.2017 Section X issued a lodgment of
W.P.(C)D.NO.2188/17 as it is not
maintainable and the same does not
disclose any reasonable cause to be
received for registration under Order XV,
Rule 5 of the Supreme Court Rules, 2013.
03.02.2017 Hence this Writ Petition Criminal

WITH
WRIT PETITION CRIMINAL NO. OF 2017 D.NO.2188
WITH
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
Bihar-855114
VERSUES
1. The Registrar ….RESPONDENT No.01
Hon’ble Supreme Court of India
Tilak Marg, New Delhi
2. Mentioning Officer ….RESPONDENT No.02
Hon’ble Supreme Court
of India Tilak Marg,
New Delhi
PETITION UNDER ARTICLE 32 OF THE
CONSTITUTION OF INDIA FOR ISSUANCE OF A
WRIT IN THE NATURE OF MANDAMUS OR
PROHIBITION OR CERTIORARI OR ANY OTHER

APPROPRIATE WRIT FOR ENFORCEMENT OF ARTICLE
21 OF THE CONSTITUTIION OF INDIA.
To
Lordship's Companion Justices of the Supreme
Court of India. The Humble petition of the
Petitioner abovenamed.
MOST RESPECTFULLY SHEWETH:
1. FACTS OF THE CASSE
i. The present petition under Article 32 of
the Constitution of India is being filed to
enforce the Rights under Article 21 of the
Constitution of India with Writ Petition Criminal
vide D.NO. 2188 of 2017, Writ Petition Criminal
136 of 2016 and Writ Petition Civil 90 of 2016;
whereby Registrar (J-I) of this Hon’ble court has
refused to register Writ Petition (Criminal)
No………. of 2017 (D.No. 2188) under Article 32 of

Constitution of India titled as “Om Prakash & Anr
Vs. Union of India & Ors” on the ground of no
reasonable cause received for registration under
order XV, Rule 5 of the Supreme Court Rules, 2013
petitioners under Article 21 and closed the
door of this Hon’ble Court for the
petitioners forever.
ii. The petitioner is seeking Writ in the
nature of Mandamus, prohibition and certiorari.
iii. Article 21 of Constitution of India
says, “No person shall be deprived of his life or
personal liberty except according to the procedure
established by law”.
iv. That the Registry of this Hon’ble Court
has violated the set practice, procedure and rules
of this Hon’ble Court as laid down in the Handbook

of this Hon’ble Court, stopped the petitioner no.02
to agitate the matter at the right place before
Hon’ble the Chief Justice of India’s Court,
circulated application for Constitution bench
unregistered in Writ Criminal 136 of 2016 and
forcibly pushed the petitioner into Curative Stage.
v. That the two judges bench of this
Hon’ble Court has evaded the Order XXXVIII of
Supreme Court Rules 2013 and dismissed the Writ
petition Criminal 136 of 2016 with liberty on
21.10.2016 and directed the petitioner to approach
Patna High Court forcibly.
vi. Section X has sent a letter regarding
curative petition Criminal vide D. No. 41026 of
2016 and informed to process the Curative petition
Criminal for listing before the Hon’ble Judge-In-
Chambers without Certificate by Sr. Advocate.

A True Copy of letter dated 24.01.2017 by
the Section X of this Hon’ble Court is
annexed herewith and marked as Annexure
P-1 (Page 15 from to 15)
vii. Petitioner has replied back to Section
X that the petitioner does not give his consent to
list the Curative Petition Criminal vide diary
no.41026 before Hon’ble Judge-in-Chamber WITHOUT
CERTIFICATE BY SR. ADVOCATE as it violates the
guideline laid down in Rupa Ashok Hurra vs Ashok
Hurra & Anr. Reported in (2002) 4 SCC 388
because petitioner has not filed the
Certificate by Sr. Advocate with valid reason
clarified under para 15 of the same petition.
A True Copy of letter dated 25.01.2017
by the petitioner to Section X of this
Hon’ble Court is annexed herewith and

marked as Annexure P-2 (Page from 16 to
17)
viii. Petitioner has again sent a letter to
the Section IB of this Hon’ble Court
for notifications of defects
against Writ Criminal vide D.NO.
2188 of 2017 as the same was
delayed by the normal time.
by the petitioner to Section IB of this
Hon’ble Court is annexed herewith and
marked as Annexure P-3 (Page from 18 to
19)
ix. That Section X has issued a lodgment of
W.P.(C)D.NO.2188/17 as it is not maintainable and
the same does not disclose any reasonable cause to
be received for registration under Order XV, Rule 5
of the Supreme Court Rules, 2013.

by the Section IB of this Hon’ble Court
to the petitioner is annexed herewith
and marked as Annexure P-4 (Page from
20 to 22)
2. QUESTION OF LAW:
That the main questions of Law to be decided in
this petition are:-
a) Whether violation 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 to stop the
petitioner no. 02 to agitate the matter before
Hon’ble the Chief Justice of India’s Court not a
reasonable cause to be received for registration
of Writ Criminal of 2017 vide D.NO.2188 of 2017?

b)Whether evasion of Order XXXVIII of Supreme Court
Rules 2013 against Writ Criminal 136 of 2016 by
two judges bench is not a reasonable cause to be
received for registration of Writ Criminal of
2017 vide D.NO.2188 of 2017?
c)Whether likelihood of bias as laid down in the
Yadav Vs. State of Haryana AIR 1987 SC 454 is not
a reasonable cause to be received for
registration of Writ Criminal of 2017 vide
D.NO.2188 of 2017?
d)Why the Order dated 01.02.2017 of Registrar (J-I)
of this Hon’ble Court has disclosed the
petitioner’s claim of relief in the nature of
prohibition or certiorari only while the relief
has been claimed in the nature of Mandamus also?
e)Why the Order dated 01.02.2017 of Registrar (J-I)
of this Hon’ble Court has misconceived that the
petitioners were afforded liberty to approach

Patna High Court in Writ Petition Criminal 136 of
2016 while the petitioner had lodged strong
protest against it in the open Court and this
Order suffers from biased and prejudiced judgment
by two judges bench of this Hon’ble Court?
f) Why the Order dated 01.02.2017 of Registrar (J-
I) of this Hon’ble Court has given false
statement that the reliefs claimed in the present
petition revolve around the same subject matter
which came to be dismissed by this Hon’ble Court
on 21.10.2016 while previous petition claimed
only two relief whereas the present petition has
claimed nine relief?
g)Why the Order dated 01.02.2017 of Registrar (J-I)
of this Hon’ble Court has misconceived that the
petitioners are re-agitating the same petition
while the petitioners have been stopped by the
Registry since 03.10.2016 to agitate the matter
at right place before Hon’ble the Chief Justice

of India’s Court as per the set practice,
procedure and rules of this Hon’ble Court?
h)Whether the petitioner approached to this Hon’ble
Apex Court under Article 32 against rampant
atrocities by the state apparatus in two states
and for enforcement of his fundamental rights
under Article 21 to be subjected to violation of
principle of Natural Justice by this Hon’ble
Court?
i)Why this Hon’ble Court is shielding and
protecting the bad elements of State Apparatus
and offending, victimizing the petitioners?
3. GROUNDS
That being aggrieved by the order dated
01.02.2017 of Registrar (J-I) of this Hon’ble

Court, the petitioner is challenging the same on
the following amongst other grounds: -
A. BECAUSE the Registry of this Hon’ble
Court has violated the set practice,
procedure and rules of this Hon’ble Court as
laid down in the Handbook of this Hon’ble
Court, stopped the petitioner no.02 to
agitate the matter at the right place before
Hon’ble the Chief Justice of India’s Court,
circulated application for Constitution bench
unregistered in Writ Criminal 136 of 2016 and
forcibly pushed the petitioner into Curative
Stage.
B. BECAUSE the two judges bench of this
Hon’ble Court has evaded the Order XXXVIII of
Supreme Court Rules 2013 and dismissed the
Writ petition Criminal 136 of 2016 with
liberty on 21.10.2016 and directed the

petitioner to approach Patna High Court
forcibly.
C. BECAUSE a well-designed criminal
conspiracy being commissioned and strategy
being adopted against the petitioner by the
Quasi-Judicial Officer of this Hon’ble Court
to spoil the valid ground of Constitution
bench against the Writ Petition Criminal 136
of 2016 and make it liable to be dismissed
with liberty by this Hon’ble Court and to
close the door of the Hon’ble Apex Court
under Article 32 for enforcement of
guaranteed fundamental right of the
petitioner under Article 21.
D. BECAUSE this Hon’ble Court is shielding
and protecting the bad elements of State
Apparatus and offending, victimizing the
petitioners.

4. 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
(C)90 of 2016 and Writ(Crl.) 136 of 2016 petition
before the Hon’ble Supreme Court of India on the
interlinked subject matter of the present petition
under different cause of actions and under
different cause title.
-:PRAYER:-
In the above premises, it is prayed that this Hon'ble
Court may be pleased:
(i) To issue a writ of prohibition or other
appropriate writ order or direction

directing respondent No.01 and 02 to
prevent violation of the set practice,
procedures and rules as laid down in the
Handbook of the Hon’ble Supreme Court of
India and allow the petitioners to
agitate the matter before Hon’ble the
Chief Justice of India’s Court.
(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:
OM PRAKASH
NEW DELHI:
FILED ON : 03.02.2017.
Settled by: Petitioner

WITH
WITH
AND
IN THE MATTER OF:
VERSUS
AFFIDAVIT
I, Om Prakash S/o Late Deep Narayan Poddar, aged 43
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

2. That the contents of the accompanying Writ Petition
Criminal [para 1 to 04.], [Page 01 to 12] and
Synopsis and List of Dates (Page B to D’], and I,
As. having understood the contents thereof I say
3. That the Writ Petition Criminal Paper Book contains
total 29 pages.’
4. That the annexures are true copies of their
respective originals.
DEPONENT
VERIFICATION:

Verified at New Delhi on this the 3rd
day of February,
2017.
DEPONENT

ANNEXURE P-1
Om Prakash Poddar <om.poddar@gmail.com>
Regarding Curative Pet. D.No. 41026/16
1 message
Section X, Supreme Court of India <sec.x@sci.nic.in>
Tue, Jan 24, 2017 at 4:52
PM
To: om.poddar@gmail.com
D.NO. 4293/2016/X SUPREME COURT OF INDIA NEW DELHI.
January 24, 2017
FROM : ASSISTANT REGISTRAR(JUDL.)
TO : MR. OM PRAKASH, PETITIONER-IN-PERSON
S/O LATE SH. DEEP NARAYAN PODDAR
R/O RZF-893, NETAJI SUBHASH MARG
RAJ NAGAR PART – 2,
PALAM COLONY, NEW DELHI – 110077
CURATIVE PETITION (CRL.) NO. ... OF 2016 (D.No. 41026)
IN
REVIEW PETITION (CRL.) NO. 825 OF 2016
IN
WRIT PETITION (CRIMINAL) NO. 136 OF 2016

(UNDER ARTICLE 32 OF CONSITITUTION OF INDIA)
OM PRAKASH & ANR. ...Petitioners
-Vs-
STATE OF BIHAR & ORS. ...Respondents
Sir,
With reference to Point No.1 of your email dated 22.12.2016 in the matter
above-mentioned, I am directed to inform you that no action is called for
on your letter dated 16.12.2016 sent via e-mail dated 17.12.2016 as the
writ petition and the review petition have been dismissed on merits by
this Hon'ble Court and the Curative petition has been filed.
With reference to Point No.2 of your email dated 22.12.2016 in the matter
above-mentioned,I am directed to further inform you that the curative
petition above-mentioned is being processed for listing before the Hon'ble
Judge-in-Chambers and you shall be informed about the date of listing in
due course.
Yours faithfully
ASSISTANT REGISTRAR(JUDL.)

ANNEXURE P-2
Om Prakash Poddar
<om.poddar@gmail.com>
Attn:The Registrar (Miscellaneous)
1 message
Wed, Jan 25, 2017 at 3:20
PM
To: sec.x@sci.nic.in
Date: 25.01.2017
To,
The Registrar (Miscellaneous)
Section X
New Delhi
Sub: Reply to your email letter vide diary no.
4293/2016/X dated 24.01.2017 -reg.
Hon’ble Madam,
1. That the petitioner has filed a Writ Petition
Criminal titled “OM PRAKASH & ANR VS. UNION OF

INDIA & ORS” vide diary No.2188 dated 18.01.2017
before Hon’ble the Supreme Court of India.
2.That the petitioner does not give his consent
to list the Curative Petition Criminal vide diary
no.41026 before Hon’ble Judge-in-Chamber WITHOUT
CERTIFICATE BY SR. ADVOCATE as it violates the
guideline laid down inRupa Ashok Hurra vs
Ashok Hurra & Anr. Reported in (2002) 4 SCC
388 because petitioner has not filed the
Certificate by Sr. Advocate with valid
reason clarified under para 15 of the same
petition.
3.That it is the discretion of Hon’ble Registrar
Misc. either to process or not to process the
same for listing under the above circumstances on
her own risk.
Prayed for urgency accordingly,
Petitioner-In-Person
Om Prakash
S/O Late Shri Deep Narayan Poddar
RZF-893, Netaji Subhash Marg
Raj Nagar, Part-2. Palam Colony
New Delh-110077
Mob:9968337815
E-mail:om.poddar@gmail.com

ANNEXURE P-3
Om Prakash Poddar
Attn:The Registrar Judicial (Section IB)
1 message
Tue, Jan 31, 2017 at 6:41
PM
To: supremecourt <supremecourt@nic.in>
To,
The Registrar Judicial
Section IB
New Delhi
Sub: Regarding Notification of defects against diary
No.2188 dated 18.01.2017-reg.
Hon’ble Sir/Madam,
1.That the petitioner has filed a Writ Petition
Criminal titled “OM PRAKASH & ANR VS. UNION OF
INDIA & ORS” vide diary No.2188 dated 18.01.2017
before Hon’ble the Supreme Court of India.

2.That the petitioner has not given his consent
through his email letter dated 25.01.2017 in
response to the letter dated 24.01.2017 vide
diary no. 4293/2016/X of Registrar Misc. Section
X to list the Curative Petition Criminal vide
diary no.41026 before Hon’ble Judge-in-Chamber
WITHOUT CERTIFICATE BY SR. ADVOCATE as it
violates the guideline laid down in Rupa Ashok
Hurra vs Ashok Hurra & Anr. Reported in
(2002) 4 SCC 388 because petitioner has not
filed the Certificate by Sr. Advocate with
valid reason clarified under para 15 of the
same petition.
3.That the matter pertains to imminent
danger to the life and liberty of a Senior
Citizen Oxygen dependent Women as well as an
offence of perjury committed by the Lower
Court.
4.That the petitioner is trying to mention
the matter before Hon’ble the Chief justice
of India’s Court since 03.10.2016 but being
stopped by the Registry of this Hon’ble
Court.
5.That this happens to be the last resort
under the legal remedy before COURT OF LAW
for the petitioner. As this is a 12 years

long matter.
6.That the notification of defects has been
delayed by the normal time by Section IB.
7. That the petitioner is praying for urgent
notification of defects so that the matter
could be listed urgently and eventually
could be mentioned urgently for urgent
relief.
Prayed for urgency accordingly,
Filed on: 31.01.2017 OM PRAKASH
New Delhi: PETITIONER IN PERSON
S/O Late Shri Deep Narayan Poddar
RZF-893, Netaji Subhash Marg
Raj Nagar, Part-2. Palam Colony
New Delh-110077
Mob:9968337815
E-mail:om.poddar@gmail.com

ANNEXURE P-4
Om Prakash Poddar
Letter regarding lodgement of W.P.(C) D.No. 2188/17
1 message
Section X, Supreme Court of India <sec.x@sci.nic.in> Thu, Feb 2, 2017 at 11:14 AM
To: om.poddar@gmail.com
D.NO. 501/2017/X SUPREME COURT OF INDIA NEW DELHI. February 1,
2017
FROM : ASSISTANT REGISTRAR(JUDL.)
TO : MR. OM PRAKASH, PETITIONER-IN-PERSON
S/O LATE SH. DEEP NARAYAN PODDAR
R/O RZF-893, NETAJI SUBHASH MARG
RAJ NAGAR PART – 2,
PALAM COLONY, NEW DELHI – 110077
WRIT PETITION (CRIMINAL) NO. ... OF 2017 (D.No. 2188)
(UNDER ARTICLE 32 OF CONSITITUTION OF INDIA)
OM PRAKASH & ANR. ...Petitioners

-Vs-
UNION OF INDIA & ORS. ...Respondents
Sir,
With reference to the writ petition above-mentioned filed by
you on 18.01.2016, I am to inform you that the same was placed
before Ld. Registrar(J-I) on 28.01.2017, when the Ld.
Registrar was pleased to hold that the present writ petition
is not maintainable and the same does not disclose any
reasonable cause to be received for registration under Order
XV, Rule 5 of the Supreme Court Rules, 2013. Photocopy of the
Order is enclosed herewith.
This is for your information.
Yours faithfully
ASSISTANT REGISTRAR(JUDL.)

WITH
WITH
AND
IN THE MATTER OF:
VERSUS
APPLICATION FOR SEEKING PERMISSION TO APPEAR
AND ARGUE THE WRIT PETITION (CRIMINAL) IN-
PERSON AND GRANT OF SPECIAL POWER OF ATTORNEY
ON BEHALF OF PETTIONER NO.02.
To

2017, Writ Petition Criminal 136 of 2016 and Writ
Petition Civil 90 of 2016; whereby Registrar (J-I) of
this Hon’ble court has refused to register Writ
Petition (Criminal) No………. of 2017 (D.No. 2188) under
Article 32 of Constitution of India titled as “Om
Prakash & Anr Vs. Union of India & Ors” on the ground
of no reasonable cause received for registration under
order XV, Rule 5 of the Supreme Court Rules, 2013 which
has suspended the fundamental rights of the petitioners
under Article 21 and closed the door of this Hon’ble
Court for the petitioners forever, 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.

15. That BY THIS POWER OF ATTORNEY I, Widow Asha Devi,
wife of Late Shri Deep Narayan Poddar, residing at ASHA
DEEP NIWAS, Vill-Kantiya Panchayat, Shukkar Haat
Sonaili, in front of Durga Mandir, P.S. Kadwa,
Distt-Katihar, Bihar-855114 being petitioner no.02
in Writ Petition (Criminal) of 2017 before this
Hon’ble Court do hereby authorize/ appoint Shri Om
Prakash, petitioner no.01 S/O Late Shri Deep
Narayan Poddar residing at RZF-893, Netaji
Subhash Marg, Raj Nagar, Part-2, Palam Colony, New
Delhi-110077 my attorney in my name and on my behalf
to appear and argue the Writ Petition (Criminal) no.
of 2017 before this Hon’ble Court.
16. That N.B.W dated 08.09.2011 u/s 498A process u/s 83
Cr.Pc. has been issued against petitioner no.02 as well
which has been disclosed by the Ld. CJM Begusarai
through RTI reply dated 27.08.2016.
17. That petitioner no.02 is an oxygen dependent COPD

patient and undergoing treatment with AIIMS at New
Delhi which is on the Hon’ble Supreme Court Record with
SLP(C) no. 9854/2012, SLP(C) no. 9483/2013, SLP(C) no.
19073/2013, Writ (C) 90 of 2016, Writ (Crl.) 136 of
2016, Review (Crl.) 825 of 2016, Curative (Crl.) vide
diary no. 41026 and Writ (Crl.) vide D.NO.2188 of 2017
therefore she is unable to attend the proceedings of
this Hon’ble Court.
18. That the Central Information Commission (CIC) order
dated 25.09.2014 and NALSA letter dated 13.05.2015 have
not been complied by all the three tier of legal Aid
Institutions in India whereby and where petitioner has
been denied access to services of legal Aid directly
and indirectly, which has resulted in wrong judgment by
the Ld. Trial Court and extremely painful journey of
petitioner in person at all the three tier of Hon’ble
Indian Courts throughout seven years from 2010 to 2016.
Petitioner is scared of Legal Aid Advocates. Evidences

have been placed on record against legal aid
institutions with Writ Civil 90 of 2016.
19. Petitioner does not want to engage any Advocate
against his Writ Petition (Criminal) no…….. of 2017
even if so provided by this Hon’ble Court.
20. That the Petitioner is well conversant with the
facts of the case and competent enough to argue the
case before this Hon’ble Court.
PRAYER
may be pleased to:
(a) Kindly permit the Petitioner to appear and argue
the Writ Petition (Criminal) in-person and grant
special power of Attorney on behalf of petitioner
no.02.

DRAWN & FILED BY:
OM PRAKASH
NEW DELHI:
FILED ON : 03.02.2017.
WIDOW ASHA RANI DEVI

WITH
WITH
AND
IN THE MATTER OF:
VERSUS
AFFIDAVIT

6. That the contents of the accompanying application
Under Section 151 C.P.C. for seeking permission to
appear and argue the Writ Petition (Criminal) in
person and grant of special power of attorney on
behalf of petitioner no.02, which has been drafted
by me [para 01 to 07.], [Page 23 to 27 ] 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 application Under Section 151
C.P.C. for permission in person and grant of
special power of Attorney total 07 pages.’
DEPONENT
VERIFICATION:

Supreme Court appeal against lodgment order

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