Interlocutory Application dated 9.10.22 for Cancellation of NBW before SC.pdf

Recall the order dated 25.08.2010 and 08.09.2011, whereby Non-Bailaible Warrants were issued against the petitioner Om Prakash and his mother Asha Rani Devi by Begusarai Court under the judicature of Patna High Court in 9-P/2010 and 397c/2011 (Criminal Case Complaint (P) no. 5591/2013) case and Cancel the Non-Bailaible Warrants issued against the Petitioner and his mother to eradicate Prostitution and International Sex Racket.

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IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION

CRL.M.P.NO. OF 2022

IN
WRIT PETITION CRIMINAL D.NO.18546 OF 2022
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
AND
IN THE MATTER OF SUPRESSION
OF RESCUE OF GANG RAPE ,
ILLICIT SEX TR ADE, CHILD
SEXUAL ABUSE VICTIMS AND
ABUSE OF POWER BY THE STATE,
NGOS, GANGSTERS AND INDIAN
DEFENSE ORGANIZATIONS
AND

IN THE MATTER OF:

OM PRAKASH ..PETITIONER

VERSUS

UNION OF INDIA & ORS …….RESPONDENT(S)


APPLICATION U/S 151 OF C.P.C ON BEHALF OF THE PETITIONER
FOR RECALL OF ORDER OF NON -BAILAIBLE WARRANT DATED
25.08.2010 IN 9-P/2010 CASE AND 08.09.2011 IN CASE NO. 397C/2011
RENUMBERED AS CRIMINAL CASE COMPLAINT (P) NO. 000
5591/2013 AT BEGUSARAI COURT UNDER THE JU DICATURE OF
PATNA HIGH COURT.

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.

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MOST RESPECFULLY SHOWETH:
1. The present Writ Petition under Article 32 of the
Constitution of India is being filed by a Professional
Social Worker cum Petitioner-In-Person cum Whistle
Blower cum husband cum Father cum Guardian of Gang
Rapes, hidden prostitution, illicit sex trade, child sexual
abuse and international human trafficking victims whose
rescue has been suppressed by the dismissal of PIL Writ
Petition (Criminal) 242 of 2021 on 25.10.2021 and
individual Writ Petition (Criminal) 137 of 2021 on
02.05.2022 by this Hon’ble Court to continue Gang Rapes,
hidden prostitution, illicit sex trade, child sexual abuse and
international human trafficking and for the enforcement of
the Rights under Article 21 of the Constitution of India, 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 two Non-Bailaible Warrant with confiscation of
property being issued dated 25.08.2010 and 08.09.2011, kept
secret, maintained till date, executed 83 Cr.Pc. and declared
petitioner as Absconder by Begusarai Bihar Court under the
judicature of Patna High Court after the reply under Right to
Information Act in 2016 and 2017, Writ Petition (Civil) No.
90/2016, Writ Petition (Criminal) No. 136/2016, Writ Petition
(Criminal) No. 137/2021, Writ Petition (Criminal) No. 242/2021

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and Writ Petition (Criminal) D.No. 18546/2022 before Supreme
Court of India, Suspicious death of petitioner No. 02 Asha Rani
Devi in Writ Petition (Criminal) No. 136/2016 on 11.11.2017 at
New Delhi in between the legal battle against State and Criminal
Writ Jurisdiction Case No. 1238/2019 before Patna High Court to
sustain illicit sex trade and Child Sexual Abuse of Petitioner’s
families.

3. That till 2015, sex abuser state had trapped the petitioner in
Matrimonial Matter, Labour Matter and Life and Liberty Matter.
Prostitution matter has been identified in 2021 at Shastri Park
North East Delhi, which has resulted in PIL on Child Prostitution
matter Writ Petition (Criminal) No. 242/2021 before Supreme
Court of India.

4. Police is not registering F.I.R and Court is dismissing Writ
Petitions to sustain sex racket and violent attack on petitioner. On
the one hand abuse of Court Process and on the other hand sexual
abuse of his families and minor girls.

5. That Case No. 9-P/2010 instituted on the prayer of wife
Reena Kumari against husband herein Petitioner Om Prakash
Poddar under Domestic Violence Act and Case No. 397C/2011

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(5591/2013) also filed by Reena Kumari against the same
petitioner Om Prakash Poddar and his mother Asha Rani Devi u/s
498A, 323 IPC and u/s ¾ Dowry Prohibition Act.

6. That Non-Bailaible Warrant dated 25.08.2010 has been
issued by 1
st
Class Judicial Magistrate Mr. Atul Kumar Pathak in
Case No. 9-P/2010 and Non-Bailaible Warrant dated 08.09.2011
has been issued by Sub Divisional Judicial Magistrate Mr. Sarju
Ram in Case No. 397C/2011 (5591/2013) at Begusarai Bihar
Court under the Judicature of Patna High Court. Certified copy of
proceedings of the case record (5591/2013) discloses the above
stated facts and the same has been e-filed as miscellaneous
documents in W.P. (Criminal) D.NO. 18546/2022 on 08.10.2022
but OTP has not been supplied to make payment against it either
by the State Bank of India or by the Supreme Court of India till
date. RTI reply No. 4036 dated 20.09.2017 by Mr. Gangotri Ram
Tripathi, District and Session Judge, Begusarai Bihar also discloses
the above stated facts and the same is annexed herewith as
Annexure P-1 (Pages from 10 to 14)

7. That Petitioner No.02 in W.P. (Crl.) 136/2016 Mrs. Asha
Rani Devi age about 70 years has been killed by the nexus of sex
abuser State and doctors of AIIMS at New Delhi by way of

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refusing her UHID NO. 103311004 dated 09.11.2017 for medical
treatment, forcing her to sign LAMA (Leave against Medical
Advice) and throwing her out of hospital at the midnight. She was
COPD case under Pulmonary Department. 112 call is being made,
case is being transferred to Palam Village Police Station vide
D.D.NO.12B, Postmortem No. 1904/2017 dated 11.11.2017 by
Deen Dayal Upadhyay Hospital, Hari Nagar, New Delhi-110064,
yet no F.I.R by Delhi Police till date to sustain illicit sex trade and
child sexual abuse of petitioner’s families. Postmortem Report, 112
call report, police statement by petitioner and last photograph of
deceased mother Mrs. Asha Rani Devi dated 11.11.2017 is
annexed herewith as Annexure P-2. (Pages from 15 to 21)

8. That Sex abuser State is consistently coercing the petitioner
and his families by suspending right to “life and liberty”,
suppressing rescue of victims by not registering F.I.R and
dismissing writ petitions, attacking violently on petitioner, making
his life miserable to sustain sex racket.

9. That first PIL Petition W.P. (Crl.) no. 242/2021 on Child
Prostitution has been dismissed wrongly by the Supreme Court of
India due to non-appearance of Legal Aid Advocate and amicus
curie.

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10. That restoration of Writ Petition (Civil) No. 90/2016, Writ
Petition (Criminal) No. 136/2016, Writ Petition (Criminal) No.
137/2021 and Writ Petition (Criminal) No. 242/2021 has been
prayed in W.P.(Crl.) D.NO. 18546/2022 but being objected by the
Supreme Court of India through its order dated 26.09.2022.

11. That consistent State coercion has resulted in WRIT
PETITION (CRIMINAL) D.NO. 18546/2022 which has been
listed before Chamber Judge, HON'BLE MR. JUSTICE
PAMIDIGHANTAM SRI NARASIMHA IN COURT NO.15 on
26.09.2022 and the next date of hearing has been fixed on
31.10.2022.

12. That I.A. for additional grounds, facts, cause of actions
prayers has been filed on 20.09.2022 in WRIT PETITION
(CRIMINAL) D.NO. 18546/2022.

13. That petitioner has been denied for Certified copy of order
dated 26.09.2022 in WRIT PETITION (CRIMINAL) D .NO.
18546/2022 by the copying branch of Supreme Court of India on
01.10.2022 to remove the objections from Anti-Prostitution
petition within given time frame. Certified copy has been applied
vide application A1-15440/2022 dated 30.09.2022 by the
petitioner. However, the SMS has been sent by copying branch
with delivery report and Supreme Court website does not show any
record against A1-15440/2022 under E-Copying.

14. That order dated 26.09.2022 in WRIT PETITION

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(CRIMINAL) D.NO. 18546/2022 has given timeline of four weeks
to remove objection, “Last opportunity of four weeks time to cure
the defects is granted. On non-compliance to cure the defects
within a period of four weeks, the matter(s) will be deemed to be
dismissed on default without reference to the Court”.

15. That on the other hand petitioner is being thoroughly
coerced by the sex abuser State w.e.f. 21.09.2022 to till date on the
footpath of Anand Vihar ISBT, Anand Vihar Railway Station,
Night Shelter Home, DUSIB-214 Delhi and Kaushambi ISBT,
Ghaziabad, Uttar Pradesh to oust him from Delhi.

16. That Complaint against Electricity Department of Anand
Vihar Terminal Railway Station at Delhi dated 29.09.2022 for
causing unnecessary deliberate obstruction in rescue operation of
Gang Rape Victims who have been pushed into illicit sex trade by
the Indian Railway Network since 18 years in a situation when
Anti-Prostitution matter Writ Petition (Criminal) D.NO.
18546/2022 is Sub-judice before Supreme Court of India has been
filed with Chairman Railway Board at New Delhi.

17. That Complaint against Delhi Shelter Home has been filed
on 29.09.2022. Suspected cases of sexual abuse inside the men and
women shelter home premises has been reported to control room
Delhi Urban Shelter Improvement Board vide reference ID: 3292
dated 29.09.2022 with a copy to Chief Minister, Lt. Governor and
missionary NGO Sadik Masih Social Servant Society of NCT of
Delhi. A women complaint by night shelter home in charge to men
shelter home in charge being identified at the midnight 02:00AM
between 21.09.2022 to 29.09.2022. Petitioner is being attacked

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violently on 03.10.2022 night by the in charge shelter home, police
in civil dresses, defense in civil dresses for blowing whistle against
suspected sexual abuse case. Some of the names have been
identified from violent mob are Mr. Navin, Mr. Arun, Mr. Sharad,
Ms. Pratima. Shelter Home DUSIB Code-214 is managed by
missionary NGO SMSSS. Mr. Vinay K. Stephen management of
SMSSS has intervened into this matter on 03.10.2022 night and
permitted the petitioner to enter into the shelter home. Petitioner
had been instructed by Mr. Navin to check out the shelter home at
7:00am and check in the shelter home at 19:00pm strictly. No day
stay is allowed at shelter home. However, on 08.10.2022, Delhi
shelter home helpline no.14461 has permitted the petitioner to
check in the shelter home at day time also.

18. That study says that the 17 year old minor daughter of
petitioner has been converted into Christianity forcefully by Tamil
and has been pushed into sex racket. She has been made as an item
girl, professional singer and dancer with an active help of
Bollywood movie world. Petitioner has never seen her minor
daughter because his pregnant wife Reena Kumari (Guddi) has
been kidnapped through her father on 15.04.2005 from Palam
Colony New Delhi and caught in prostitution in 2021 at Shastri
Park, North East Delhi and Church Mission Road Fatehpuri Old
Delhi-6. Study further reflects that her minor daughter is being
thoroughly misused by all political parties including RSS/BJP for
Vote Banks. Missionaries NGO Asha Deep Foundation, Sahid
Nagar, Ghaziabad, UP is one of the party in this case
PRAYER

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It is most respectfully prayed that this Hon’ble Court may be
pleased to:

(a) Recall the order dated 25.08.2010 and 08.09.2011, whereby
Non-Bailaible Warrants were issued against the petitioner
Om Prakash and his mother Asha Rani Devi by Begusarai
Court under the judicature of Patna High Court in 9-P/2010
and 397c/2011 (Criminal Case Complaint (P) no.
5591/2013) case and Cancel the Non-Bailaible Warrants
issued against the Petitioner and his mother to eradicate
Prostitution and International Sex Racket.

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
S/O LATE SHRI DEEP NARAYAN PODDAR
S/O LATE SRIMATI ASHA RANI DEVI
PERMANENT RESIDENT: ASHA DEEP NIWAS,
SONALI, SHUKKAR HATT, IN FRONT OF DURGA MANDIR,
KANTIYA PANCHAYAT, P.S. KADWA, KATIHAR, BIHAR -855114
MOB: [phone]
E-mail: [email protected]
NEW DELHI:
FILED ON : 09 -10 -2022

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Annexure P-
1

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13. 13

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True copy

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Annexure P-
2

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20. 20

POLICE STATEMENT BY SON OF WIDOW ASHA RANI DEVI
DATED 11.11.2017

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True copy

22. 22

N THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION

CRL.M.P.NO. OF 2022
IN
WRIT PETITION CRIMINALD.NO. 18546 OF 2022
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

AND

IN THE MATTER OF
INTERNATIONAL SEX RACKET,
CHILD SEXUAL ABUSE , FORCED
HIDDEN PROSTITUTION ABUSE OF
POLICE POWER, SUSPICIOUS
DEATH, AND MOB VIOLENCE/MOB
LYNCHING.

AND

IN THE MATTER OF:

OM PRAKASH ..PETITIONER

VERSUS

UNION OF INDIA & ORS …….RESPONDENT(S)

AFFIDAVIT
I, Om Prakash S/o Late Shri Deep Narayan Poddar, age about 48
years, R/o Asha Deep Niwas, Vill-Kantiya Panchayat, Shukkar
Haatt, P.S. Kadwa, Distt-Katihar, Bihar-855114 and Rented 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.

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2. That the contents of the accompanying application Under
Section 151 C.P.C. for cancellation of NBW dated
25.08.2010 and 08.09.2011 u/s 83 Cr.Pc. in 9-P/2010 and
397c/2011(5591/2013) case pending at Begusarai Court
under the judicature of Patna High Court, which has been
drafted by me [para 01 to 18], [Page 01 to 09] 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 annexures P-01 and P-2 [Page 10 to 21] are true
copies of their respective original.

4. That the accompanying application Under Section 151
C.P.C. for urgent hearing total 23 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 9
th
day of October, 2022.


DEPONENT