Second Appeal

1

FILING INDEX

IN THE CENTRAL INFORMATION COMMISSION

BHIKAJI CAMA PLACE, NEW DELHI

IN THE MATTER OF:

OM PRAKASH ……PETITIONER

VERSUS

PATNA HIGH COURT …… RESPONDENT

S.N Particulars Pages

1. Second Appeal dated 03.11.2016 01-11

2. Letter of Registrar

Administration Patna High Court

to District and Session Judge

Civil Court Begusarai dated

30.09.2016

12

3. First Appeal dated 02.09.2016 13-22

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4. RTI reply by CJM cum PIO Civil

Court Begusarai dated

27.08.2016

23-29

5. RTI request dated 27.05.2016 30-38

6. Letter of Department of Justice

to the Registrar General &

CPIO, Patna High Court dated

05.07.2016

39

7. Letter of Joint Registrar

Judicial Patna High Court to

the CJM cum PIO Civil Court

Begusarai dated 04.08.2016

40

8. Certified Copies of Application

for cancellation of N.B.W dated

25.08.2010 and replication

against case no. 9P of 2010

along with affidavit and

Vakalatnama filed before CJM

division Begusarai dated

41-52

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03.03.2011.

9. Certified Copies of Order sheet

of CJM division Begusarai w.e.f

31.03.2010 to 02.05.2011.

53-60

Petitioner in Person

Filed on: 03.11.2016 Om Prakash

Diary No. 183722

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Date: 03/11/2016

Ref: RTI reply No. 438 dated 27.08.2016 by C.J.M Cum-

PIO with attachment of report by concerned courts

under Ld. C.J.M Division Begusarai in case no.

5591/2013 under letter no.115 dated 22.08.2016 and in

case no. 9P/2010 under letter no. 14 dated

23.08.2016.

From:

Om Prakash Poddar

R/O RZF-893, Netaji Subhas Marg

Raj Nagar Part-2, Palam Colony,

New Delhi-10077

Mob: 9968337815

E-mail: om.poddar@gmail.com

To,

The Second Appellate Authority,

The Chief Information Commissioner

Room No. 305, B-Wing,

August Kranti Bhawan

Bhikaji Cama Place

New Delhi-110066

Sub: Second Appeal U/S 19 (1) of RTI Act 2005

Hon’ble Sir,

I regret that District and Sessions Judge-cum

Appellate Authority, Civil Courts, Begusarai, Bihar

under the judicature of Patna High Court did not

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reply back the first appeal of the applicant within

the stipulated time of 30 days.

Moreover, Chief Judicial Magistrate Cum Public

Information Officer District Court Begusarai Bihar

has furnished false and frivolous RTI reply on

27.08.2016.

Ld. Chief Judicial Magistrate Cum Public Information

Officer District Court Begusarai Bihar under QUESTION

NO.07 in Case No. 9P of 2010 u/s 12 of domestic

violence Act, "the application for cancellation of

N.B.W 25.08.2010 was never pressed before court, so

no order was passed upon it and neither the

petitioner nor his advocate had appeared before the

court" has been falsified by the record of certified

copy of Order dated 4.4.2011 issued by Begusarai

Civil Court itself and the same copy has been

submitted at Ld. Trail Court at New Delhi in Case

No. HMA-700 of 2010 and on the ground of which

Hon’ble High Court of Delhi has pronounced the

Judgement in Case No. MAT. APPL. 7 of 2012 on

23.07.2013 in favor of the applicant.

Under these circumstances, either you can give it or

else you can order him or her to supply the same.

The data is important because applicant has to place

on record it in the Review Petition Criminal against

the malfunctioning of State Apparatus which has

arisen out of dismissal of Writ Criminal 136 of 2016

by the Hon’ble Supreme Court of India on 21.10.2016.

As another N.B.W dated 08.09.2011 process u/s 83

Cr.Pc. has been issued by the same CJM division

against applicant and his Senior Citizen ailing

mother in another frivolous criminal case no. 5591 of

2013 u/s 498A after the closure of case no. 9P of

2010 and kept it secret since then without the

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knowledge of applicant to usurp his property in

Bihar.

Hence, I request you Hon’ble sir, to pass an order to

supply the following Information satisfactorily, or

supply the same as per the rules under RTI Act-2005.

My point wise averments and arguments are as under:

Requested Information: 1.) Why notice of appearance

not being served on the accused within two weeks from

the date of institutions of case on 07.02.2011??

Supplied Information: 1.) The Complaint case no. 397C

of 2011 CIS Reg. no.5591 of 2013 has been filed on

07.03.2011 in the Court of Ld. C.J.M, Begusarai and

the case record vide order dated 07.03.3011 vide

which the case record was make over in the Court of

the then S.D.J.M Begusarai for inquiry and disposal.

Next date of hearing was fixed as 17.03.2011;

08.04.2011; 16.04.2011 and so on. All the proceedings

were conducted in this case as per provisions of law.

From perusal of the order sheet, it appears that the

information sought in this paragraph is not available

on the order sheet or on the case record.

Argument and reasons for full information:

As per the RTI application dated 28.05.2016, the

applicant has sought as to why notice is not being

served to the accused within two weeks of institution

of case till date and information has been supplied

the next date of hearing on so and so date as per the

perusal of order sheet. However, the applicant is not

in receipt of NOTICE for appearance till date. It has

not been clarified whether notice has been received

back as per the perusal of the order sheet or not.

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The information supplied is misleading and besides

the information sought. Hence, true information to

be supplied.

Requested Information: 2.) Why Magistrate did not

order of arrest of the accused since 5 years from the

institutions of case on 07.02.2011 to till date?

Supplied Information: 2.) The order for issuance of

NBW was passed on 08.09.2011 by the then Court and

the accused Om Prakash Poddar & Asha Devi have not

appeared till date. Process u/s 83 Cr.P.C. has been

issued;

Argument and reasons for full information: Here also

the furnished information is besides the information

sought. Applicant is seeking information about arrest

of the accused and information is supplied for the

issuance of NBW on the order sheet with Process u/s

83 Cr.P.C.

Hence, the information supplied is incomplete and

false. Hence, true information to be furnished in

line with the sought information.

Requested Information: 3.) Why accused not being

charge-sheeted since 5 years from the institution of

case on 07.02.2011 to till date?

Supplied Information: 3.) The case record is for

appearance of the accused persons and the accused Om

Prakash Poddar & Asha Devi have not appeared till

date.

Argument and reasons for full information: No

argument hence no comment.

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Requested Information: 4.) Why did the first hearing

has been fixed on 05.12.2013 after Two and half years

of institution of the case on 07.02.2011?

Supplied Information: 4.) The Complaint case no.

397C of 2011 CIS Reg. 5591 of 2013 has been filed on

07.03.2011 in the Court of Ld. C.J.M Begusarai and

the case record was make over in the Court of the

then S.D.J.M Begusarai for inquiry and disposal. Next

date of hearing was fixed as 17.03.2011; 08.04.2011;

16.04.2011 and so on.

Argument and reasons for full information: As it has

been admitted fact by the Ld. PIO in the para no.01

of supplied information, “From perusal of the order

sheet, it appears that the information sought in this

paragraph is not available on the order sheet or on

the case record.” Hence, order sheet of e-Court

services supplied by the Ld. System Officer Ld.

District Court Begusarai on 01.03.2016 does not

contain this information.

Requested Information: 5.) Why Ld. district Court

Begusarai supplied the information against case no.

5591 of 2013 while the information was sought by the

petitioner against the case no. 9P/2010?

Supplied Information: 5.) From the available Case

Records of 9P/2010 the answers of this query cannot

be obtained. Moreover the question is not clear and

there is no material which shows which information

was sought and what was given, particularly by which

court and in which year.

Argument and reasons for full information: As the Ld.

PIO has directly refused to answer the question in

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the garb of lack of material evidence; hence you are

requested to supply this information on the ground of

the First Appeal dated 09.08.2016 wherein the

attachment of material evidence has been filed before

you. However, this material was supplied by the Ld.

System Officer, Ld. District Court Begusarai through

email dated 01.03.2016 under the intimation of

cpc­pat@aij.gov.in and ecommittee@aij.gov.in.

Requested Information: 6.) What is the Correlation

between case no. 9P of 2010 and case no. 5591 of

2013?

Supplied Information: 6.) The case no. 9P of 2010 is

not pending in this Court. No materials available,

which shows correlation between two cases.

Argument and reasons for full information: As the Ld.

PIO has admitted this fact and shown his inability to

answer this question; hence you are requested to

supply this information on the ground of the First

Appeal dated 09.08.2016 with attachment of materials

has been filed before you. However, this material was

supplied by the Ld. System Officer, Ld. District

Court Begusarai through email dated 01.03.2016 under

the intimation of cpc­pat@aij.gov.in and

ecommittee@aij.gov.in. The content of this email

needs to be read as part of the material evidence on

the ground of which this information has been sought

by the applicant.

Requested Information: 7.) Why Magistrate did not

take the cognizance of replication and cancellation

of NBW filed by the petitioner against the case no.9P

of 2010 through his advocate on 03.03.2011 where it

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has been clearly mentioned that the complainant has

appeared before the Ld. Trial Court in case no. HMA

700 of 2010 at New Delhi and has intentionally

concealed this material fact from this Court?

Supplied Information: 7.) From the perusal of order

sheets of Case no. 9P/2010, it appears that the

application for cancellation of NBW was never pressed

before court, so no order was passed upon it and

neither the petitioner nor his advocate had appeared

before the court (Clear from order dated 02/5/2011).

Argument and reasons for full information: As the Ld.

PIO has supplied absolutely false and frivolous

information because the Ld. Trial Court at New Delhi

and Hon’ble High Court of Delhi has pronounced the

Judgment in MAT. APPL. 7/2012 on 23.07.2013 on the

ground of certified copy of the Ld. Begusarai Court

vide case no.9P of 2010. It is also evident from

recalling the order dated 04.04.2011 in case no. 9P

of 2010; Vakalatnama filed by on behalf of Advocate

Mr. Arun Kumar Singh vide Reg. No. 6255/95;

application for cancellation of NBW and replication

with Affidavit at Ld. C.J.M Court Begusarai at

12.30PM duly signed by the deponent and verified by

his Advocate with signature of the deponent taken on

the register available at Ld. C.J.M Court on

03.03.2011 against case no. 9P of 2010. Applicant is

enclosing herewith the scanned copy of certified

copies of the same and Vakalatnama of his Advocate

for your perusal. Hence, an offence of perjury has

been committed by the Ld. PIO which naturally becomes

the ground for filing Writ Criminal Petition titled

“Om Prakash Vs State of Bihar & Ors” before the

Hon’ble Supreme Court of India. Hence, the

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information supplied is misleading, false and

frivolous. Hence, true information to be given in

line with the information sought.

Requested Information: 8.) Why Magistrate did not

order or direct the complainant to pursue the HMA-700

of 2010 where she has already appeared on 09.02.2011

at New Delhi because the jurisdiction of case falls

within South West district of Delhi?

Supplied Information: 8.) The information sought by

this question is vague as it is not clear that

regarding Order of which case, it refers.

Argument and reasons for full information: As the Ld.

PIO has directly refused to supply the information in

the garb of unavailability of records. However, the

records are available at the Ld. Trial Court in case

no. HMA-700 of 2010 at New Delhi. The original

certified copy of it is also available with

applicant. The applicant is enclosing herewith a copy

of order sheet to recall the order dated 04.04.2011

in case no. 9P of 2010; filing Index; Memo of

Parties; Vakalatnama filed by on behalf of Advocate

Mr. Arun Kumar Singh vide Reg. No. 6255/95;

application for cancellation of NBW and replication

with Affidavit at Ld. C.J.M Court Begusarai at

12.30PM duly signed by the deponent and verified by

his Advocate with signature of the deponent taken on

the register available at Ld. C.J.M Court on

03.03.2011 against case no. 9P of 2010. Applicant is

enclosing herewith a copy of certified copies of the

same and Vakalatnama of his Advocate for your

perusal. Hence, an offence of perjury has been

committed by the Ld. PIO which naturally becomes the

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ground for filing Writ Criminal titled “Om Prakash Vs

State of Bihar & Ors” before the Hon’ble Supreme

Court of India. Hence, the information supplied is

misleading, false and frivolous. Hence, true

information to be given in line with the information

sought.

Requested Information: 9.) Why no FIR, no written

statement (WS) by the client of women protection

officer before the Ld. Trial Court at New Delhi, no

appearance by the client of women protection officer

before the Hon’ble High Court of Delhi yet frivolous

criminal cases are continuing for the same cause of

action in another state even after the settlement by

the Hon’ble High Court of Delhi in case no. MAT. APPL

7 of 2012 on 23.07.2013?

Supplied Information: 9.) The information sought by

this question is vague as it is not clear that

regarding which case of this Court, it refers.

Argument and reasons for full information: As the Ld.

PIO has directly refused to supply the information in

the garb of vague question. However, the brief

background of RTI application on the ground of which,

this question being framed by the applicant, has been

totally overlooked by the Ld. PIO. However, all the

case numbers given in the background of RTI

application are available on the record of Indian e-

Court’s website. Moreover, this question is directly

related with case no. 9P of 2010 wherein the

application for cancellation of NBW, Affidavit in

support, reply of complaint No. 9P of 2010 u/s 43(12)

of protection of women from domestic violence Act,

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2005 for setting aside order under section 18, 19,

20, 21 and 22, Affidavit in support, list of

documents, residence proof of applicant/respondent,

order sheet of the Divorce Petition HMA No. 700 of

2010 proceedings at Ld. Family Court, Ld. Dwarka

Court, copy of divorce Petition HMA No. 700 of 2010

u/s 13 (1)(i-a) of Hindu Marriage Act, 1956(as

amended up-to-date) for dissolution of marriage by

decree of divorce on the ground of cruelty, medical

prescription of Applicant/Respondent (Asha Devi),

Vakalatnama with total numbers of 50 pages have been

filed on 03.03.2011 before the Ld. Court of Ld. 1st

Class Judicial Magistrate, Ld. Shri Atul Kumar

Pathak, Ld. District Court Begusarai, Bihar. Hence,

the information supplied is misleading, false and

frivolous. Hence, true information to be given in

line with the information sought.

DRAWN & FILED BY:

PETITIONER IN PERSON

OM PRAKASH

NEW DELHI:

FILED ON : 03.11.2016

Enclosure:

1. Letter of Registrar Administration Patna High Court to District and Session Judge Civil Court

Begusarai dated 30.09.2016 (page from 12 to 12)

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2. First Appeal dated 02.09.2016(page from 13 to 22)

3. RTI reply by CJM cum PIO Civil Court Begusarai dated 27.08.2016(page from 23 to 29)

4. RTI request dated 27.05.2016(page from 30 to

38)

5. Letter of Department of Justice to the

Registrar General & CPIO, Patna High Court

dated 05.07.2016(page from 39 to 39)

6. Letter of Joint Registrar Judicial Patna High Court to the CJM cum PIO Civil Court Begusarai

dated 04.08.2016(page from 40 to 40)

7. Certified Copies of Application for

cancellation of N.B.W dated 25.08.2010 and

replication against case no. 9P of 2010 along

with affidavit and Vakalatnama filed before CJM

division Begusarai dated 03.03.2011. (page from

41 to 52)

8. Certified Copies of Order sheet of CJM division Begusarai w.e.f 31.03.2010 to 02.05.2011. (page

from 53 to 60)