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.

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. 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. 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.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. 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. 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. 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. 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