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Om praksh Supporting Documents for RTI dated 26.03.2017

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Registrar Misc. forcibly listed defective Curative (Criminal) D 41026 of 2016 with False & Wrong Office Report dated 25.03.2017 before Chambers of Hon'ble Justice Navin Sinha on 27.03.2017.

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Om praksh Supporting Documents for RTI dated 26.03.2017

  1. 1. CHAMBER MATTER FOR COURT NO. ITEM NO. SEC-X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CURATIVE PETITION (CRL.) D.NO. 41026 OF 2016 IN REVIEW PETITION (CRL.) NO. 825 OF 2016 IN WRIT PETITION (CRL.) NO. 136 OF 2016 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) OM PRAKASH & ANR. ...PETITIONER -VERSUS- STATE OF BIHAR & ORS. ...RESPONDENTS OFFICE – REPORT FOR DIRECTIONS It is submitted that Mr. Om Prakash, petitioner-in-person, has on 09.12.2016, filed this Curative Petition against the dismissal Order dated 01.12.2016 passed in Review Petition (Crl.) No. 825 of 2016 (Coram: Hon'ble Mr. Justice Pinaki Chandra Ghose and Hon'ble Mr. Justice Uday Umesh Lalit) (copy of the order dated 01.12.2016 is annexed to the paper book of curative petition as Annexure P-18 at page nos. 207- 208) in Writ Petition (Crl.) No. 136 of 2016 which was dismissed on 21.10.2016 (Coram: Hon'ble Mr. Justice Pinaki Chandra Ghose and Hon'ble Mr. Justice Uday Umesh Lalit) (copy of the order dated 21.10.2016 is annexed to the paper book of curative petition as Annexure P-14 at page no. 198). It is further submitted that the curative petition is defective for want of requisite certificate of senior advocate certifying that the Curative Petition is governed by the judgment dated 10.04.2002 passed by this Court in Rupa Ashok Hurrah vs. Ashok Hurrah in W.P.(C) No. 509 of 1997. It is further submitted that afore-mentioned defect was communicated to the petitioner-in-person vide this Registry's letter dated 03.01.2017. In response, the petitioner has vide letter through e-mail dated 06.01.2017 stated that the said defect has been clarified in the Curative petition in paragraph 15 at page no. 89 (copy of the letter is enclosed herewith). It is further submitted that the petitioner-in-person has on 03.03.2017 filed an application for withdrawal of the instant curative petition but the same is defective for the reason that in prayer (b) he
  2. 2. has prayed for issuance of notice for appearance against D.No. 16166 and 17593 of 2017 for urgent relief in another matter i.e. W.P.(Crl.) D.No. 3913 of 2017. The said defect was communicated to the petitioner-in-person vide this Registry's letter dated 23.03.2017 as well as by e-mail but he has not cured the defect so far (copy of the application for withdrawal as a separate paper book has been placed with paper book of Curative Petition). -2- It is further submitted that as per Order IV Rule 1(c), the writ petition above-mentioned was placed before the Registrar (Misc.) and interaction with the Petitioner-in-person by the Registrar has been done on 03.10.2016 (copy of report of the Registrar dated 03.10.2016 is enclosed herewith). The unregistered Curative Petition above mentioned is listed before the Hon'ble Judge in Chamber with this Office Report for directions. Dated this the 25th day of March, 2017. ASSISTANT REGISTRAR COPY TO: petitioner-in-person Widow Asha Rani Devi Mother of Om Prakash Poddar <om.poddar@gmail.com> Cure to the Notification of defects letter vide diary no. 5356/2016/X dated 23.03.2017 -reg. 1 message Om Prakash Poddar <om.poddar@gmail.com> Thu, Mar 23, 2017 at 6:53 PM To: "Section X, Supreme Court of India" <sec.x@sci.nic.in> To, The Registrar (Miscellaneous) Section X
  3. 3. Supreme Court of India New Delhi Sub: Cure to the Notification of defects letter vide diary no. 5356/2016/X dated 23.03.2017 -reg. Hon’ble Madam, 1. That the application for withdrawal of Curative Petition vide Crl. M.P.NO………2017(Diary No.19917/2017) is defective as a portion of prayer (b), which reads as “……and issue a NOTICE for appearance against D.NO. 16166 of 2017 and D.NO. 17593 OF 2017 for urgent relief”, is not maintainable and is to be removed from the application. 2.That the petitioner does not want to remove prayer (b) because the petitioner has not given his consent to list the defective matter before Hon’ble Judges in Chamber vide email letter dated 25.01.2017 and Registrar is forcibly listing it on 27.03.2017. 3.That the petitioner has been forcibly pushed into curative stage by the Registry through suppressing his record of application dated 03.10.2016 to agitate the matter before Hon’ble the Chief Justice of India.
  4. 4. 4.That the defective portion of prayer (b) has been prayed on the ground of main body of the petition and under the circumstances of filing withdrawal application in a situation when Registrar did not pay any heed to the petitioner’s protest email letter dated 25.01.2017. 5.That the removal of prayer (b) would have been possible by the petitioner if the Registrar would have listed the defective matter before 25.01.2017 6.That at this stage, the petitioner has moved an application for criminal appeal by way of motion against the Lodgment Order dated 16.02.2017 in Om Prakash & ANR VS. The Registrar Supreme Court of India & ANR on 20.02.2017 under Order XV Rule 5 of Supreme Court Rules, 2013 and the petitioner is expecting genuine NOTICE against his appeal by way of motion. 7.That at this stage, the Notification of defects reflects that the Registrar is reluctant to list the defective matter before Hon’ble Judges in Chamber forcibly and is not willing to withdraw it from Registrar’s end. 8.That under the above noted circumstances, a portion of prayer (b), which reads as “……and
  5. 5. issue a NOTICE for appearance against D.NO. 16166 of 2017 and D.NO. 17593 OF 2017 for urgent relief”, is maintainable. 9. That aggrieved by the forcible registration, forcible NOTICE of hearing, forcible removal of Prayer (b) and forcible listing of Curative (Criminal) D 41026 of 2016 before Hon’ble Judges in Chambers; the petitioner has filed an online RTI request against Registrar Misc. vide JUSTC/R/2017/50376 dated 23.03.2017(Copy enclosed)and sought five information from the Registrar Misc. regarding the legal rights of petitioner. 10. That the prayer (c), “Pass such other order/orders as this Hon'ble Court may deem just and proper in the facts and circumstances of the case” overshadows all other prayers. Accordingly, prayed for withdrawal from Registrar’s end and prayed for stopping it from listing before Hon’ble Judges in Chambers on 27.03.2017 and prayed for issuance of a genuine NOTICE for appearance against D.NO. 16166 of 2017 and D.NO. 17593 OF 2017 for urgent relief. Petitioner-In-Person Om Prakash (Widow Asha Rani Devi)
  6. 6. On behalf of Petitioner No.02 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 ENCLOSURES: 1.As above 2.True Copy of Online RTI vide JUSTC/R/2017/50376 dated 23.03.2017 With Best Regards, Om Prakash Poddar 9968337815 On Thu, Mar 23, 2017 at 4:38 PM, Section X, Supreme Court of India <sec.x@sci.nic.in> wrote: D.NO. 5356/2016/X SUPREME COURT OF INDIA NEW DELHI. MARCH 23, 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,
  7. 7. PALAM COLONY, NEW DELHI – 110 077. CRIMINAL MISC. PETITION NO. … OF 2017 (Diary No.19917/2017) (APPLICATION FOR WITHDRAWAL OF CURATIVE PETITION) IN CURATIVE PETITION D.NO. 41026/2016 IN REVIEW PETITION (CRL.) NO. 825/2016 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 Sir, With reference to the application filed by you in the curative petition above-mentioned, I am directed to inform you that the same is defectiveas a portion of prayer (b), which reads as under, is not maintainable and is to be removed from the application: “...and issue a NOTICE for appearance against D.NO. 16166 of 2017 and D.NO. 17593 of 2017 for urgent relief.”
  8. 8. You are, therefore, required to cure the aforesaid defect forthwith, so that the application may be processed further. Yours faithfully ASSISTANT REGISTRAR(JUDL.) 2 attachments Reply to Notification of defects dated _23_03_2017.pdf 97K FINAL STATUS OF RTI DATED 23.03.2017 AGAINST SC.pdf 122K

Registrar Misc. forcibly listed defective Curative (Criminal) D 41026 of 2016 with False & Wrong Office Report dated 25.03.2017 before Chambers of Hon'ble Justice Navin Sinha on 27.03.2017.

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