Fwd: To direct A.C.J.M.(first) at district court Dist-Mirzapur(U.P.) to take action on submissions dated 02.11.2010 as assured by him on earlier date of hearing of the complaint ie criminal appeal no.2315/07.

---------- Forwarded message ----------
From: Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Date: Fri, 29 Jun 2012 17:00:11 +0530
Subject: Re: To direct A.C.J.M.(first) at district court
Dist-Mirzapur(U.P.) to take action on submissions dated 02.11.2010 as
assured by him on earlier date of hearing of the complaint ie criminal
appeal no.2315/07.
To: pmosb@pmo.nic.in, hgovup@up.nic.in, secypg@nic.in,
urgent-action@ohchr.org, csup@up.nic.in, cmup@up.nic.in,
ddpg2-arpg@nic.in

Hon'ble Sir. With due respect your applicant wants to draw kind
attention of Hon'ble Sir towards RTI communique dated 25.6.2012
addressed to District Judge Mirzapur which was inevitable to submit
due due to cryptic behaviour of concern and earlier tyrranical dealing
still continued. The detail content matter of letter RTI communique
is as follows. An application under subsection
1 of section 6 of R.T.I. Act 2005. To
Hon'ble District Judge Dist-Mirzapur(U.P.) Subject- To
direct CPIO of the district court to made avaialable information
point-wise as sought within stipulated time as specified under
subsection 1 of section 7 of R.T.I. Act 2005.
Hon'ble Sir. With due respect your applicant wants to
draw kind attention of Hon'ble Sir towards following submissions in
respect of which information has to be made available by the CPIO to
your applicant. 1-It is submitted before the Hon'ble Sir that your
applicant submitted an application dated 22.06.2012 to made available
copy of some documents by registered post addressed to Hon'ble Sir.
The photo-copy of application in seven pages annexed with this RTI
communique. Please direct CPIO to made available status and action
taken report on the application dated 22.06.2012. 2-It
is submitted before the Hon'ble Sir that Hon'ble A.C.J.M. Court passed
an order dated 12.06.2008 in criminal complaint 2315/07 to summon
original paper of nomination of enquiry officer and enquiry report
submitted by the same officer. Please direct CPIO to
made available , on which date, aforesaid documents were furnished to
court. Also made available name, designation of court employee who
received the documents. 3-It is submitted before the
Hon'ble Sir that your applicant sought the copy of three documents
through letter dated 22.06.2012 under appropriate court procedure. If
such documents are not made available under court procedures, then
direct CPIO of district court to made available these documents under
R.T.I. Act 2005. Please direct CPIO to made
available reason, why such document's copy are not made available
under court's procedure? 4-It is submitted before the
Hon'ble Sir that CPIO is a quasi-judicial authority under transparency
act so he must follow the section 4(1)(d) of R.T.I. Act 2005 while he
made available sought information. 5-It is submitted before
the Hon'ble Sir that next date for complaint case 2315/07 has been
fixed 2-august-2012 on which festival Raksha Bandhan will be
celebrated. Please direct CPIO to made available whether
the court will not close on this day. If the court will remain closed
, then on which day court proceeding will take place.
This is humble request to you Hon'ble Sir that please direct
CPIO of the district court to made available sought information at the
earliest in accordance with the law. For this your applicant shall
ever pray you Hon'ble Sir. Date-25-june-2012 Yours sincerely .
Yogi M. P. Singh Moh-Surekapuram, Jabalpur Road,
Dist-Mirzapur(U.P.) Annexure-1-Photocopy of application
dated 22.6.2012 in seven pages. 2-I.P.O. of Rs.500.00 payable
to District Judge Mirzapur. Hon'ble Sir be
informed that in eartier RTI communique , 1 & 1/2 years passed since
hearing taking taking place in U.P.S.I.C. and next date of hearing is
1.8.2012 but unfortunately district judge did not make available
information still. Performance of district court in respect of
R.T.I. Act 2005 is 0%. Please help me Sir. God is the ultimate
protector. Yours sincerely. Yogi M. P. Singh

On 6/22/12, Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> wrote:
> Hon'ble Sir. With great respect your poor applicant sought copy of
> some documents from district judge Mirzapur in accordance with the
> court provisions. Submissions made as follows.
> Criminal complaint no.2315/07 , A.C.J.M.Court ,Mirzapur To
> Hon'ble district judge Dist-Mirzapur(U.P.)
> Subject-To direct Nakal section to made available the copy of sought
> documents. Hon'ble Sir. With due respect your
> applicant wants to draw kind attention to following submissions.
> 1-Please direct Nakal section to made available the copy of
> nomination of enquiry officer Vijay Shankar as summoned by Hon'ble
> A.C.J.M. Court through its order dated 12.6.2008. 2-Please
> direct Nakal section to made available the copy of enquiry report
> submitted by Vijay Shankar as summoned through aforesaid order.
> 3-Please direct Nakal section to made available the
> copy of order passed by Hon'ble A.C.J.M. Court as consequent of
> hearing dated 20.4.2012. Please made above documents
> so that applicant may file appeal in appropriate court to avoid
> miscarriage of justice. Yours sincerely. Yogi M. P. Singh
> Date-22.6.2012 Note-Five required papers are attached as
> annexures plus blank paper with Rs. 2 ticket. This letter with
> attachments in envelopment sent to district judge Mirzapur by
> registered post today. This is my humble request to you Hon'ble Sir
> to direct appropriate authority to made available sought information
> as soon as possible as information is sought in accordance with
> prescribed court procedure. For this your applicant shall ever pray
> you Hon'ble Sir. Yours sincerely.
> Yogi M. P. Singh , Moh-Surekapuram, Jabalpur Road, Dist-Mirzapur(U.P.)
>
> On 2/15/12, Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
> wrote:
>> ---------- Forwarded message ----------
>> From: Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
>> Date: Wed, 15 Feb 2012 17:45:44 +0530
>> Subject: Re: To direct A.C.J.M.(first) at district court
>> Dist-Mirzapur(U.P.) to take action on submissions dated 02.11.2010 as
>> assured by him on earlier date of hearing of the complaint ie criminal
>> appeal no.2315/07.
>> To: hgovup@up.nic.in
>>
>> Hon'ble Sir. Rest of submissions are as follows.
>> Hon'ble Sir is requested humbly that learned counsel for complainant
>> made derogatory remark (wicked mind) twice in his reply and this is my
>> advice to learned counsel for complainant to keep his eyes open, while
>> he takes the perusal of letter of appointment of enquiry officer and
>> enquiry report. This is my humble request to you Hon'ble Sir to direct
>> learned counsel for complainant not to demoralize me by using such
>> objectionable words which is unhealthy to his pious profession and
>> settingup bad precedent. Your respondent is R.T.I. Activist cum
>> whistle blower and follows his fundamental duties prescribed by our
>> constitution under article 51-A. 5-It is submitted
>> before the Hon'ble Sir that aforesaid communique dated 02.11.2010
>> according to learned counsel for complainant is deviating to court
>> which ought to be cancelled. This shows that he wants that Hon'ble
>> court may proceed on the basis of his forged documents and may ignore
>> my genuine documents. 6-It is submitted before the
>> Hon'ble Sir that according to learned counsel for complainant my
>> application dated 02.11.2010 is non-cognizable and nonmaintable before
>> the court. With due respect kind attention of Hon'ble Sir is drawn to
>> the point that learned counsel for the complainant submitted forged
>> documents in order to get the order passed and succeeded . Now when
>> your respondent is drawing the attention of Hon'ble court on the
>> forgery then he is taking recourse of baseless facts. 7-It
>> is submitted before the Hon'ble Sir that according to division bench
>> consisting of Hon'ble Justices Dalveer Bhandari and H.S. Bedi of
>> Hon'ble court quoted in its judgement that Court is bound to deal with
>> evidence as it is. For detail see 2009 (82) A.I.C. 160 (S.C.) (Case
>> decided on september 1, 2009) Here it is
>> noticeable that enquiry officer still accepts the fact that he was
>> nominated enquiry officer on 31.05.2006 not on 31.05.2007. D.M.
>> Mirzapur does not want to reveal the fact that how the date was
>> manipulated. Yours sincerely. Yogi M. P. Singh
>> Dated-29.01.2012
>>
>> On 2/15/12, Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
>> wrote:
>>> Hon'ble Sir. With due respect your applicant wants to
>>> draw kind attention of Hon'ble Sir towards the submissions submitted
>>> before A.C.J.M. (First) at district court, District Mirzapur(U.P.)
>>> Criminal Appeal No. 2315/2007 through District judge Mirzapur(U.P.) on
>>> 29.01.2012 sent on the same date by speed registerd post. Prayer:
>>> Reply of learned counsel for complainant dated 28.01.2012 in respect
>>> of communique 21(b) of your respondent dated 02.11.2010 is illegal and
>>> against the spirit of well established principle of court of law. So
>>> may not be admitted by Hon'ble Court. Short submissions are
>>> as follows. 1-It is submitted before the Hon'ble Sir that
>>> under point (1) learned counsel for complainant stated that in
>>> application your respondent submitted facts sheer wrong, fabricated,
>>> and above the law. Which ought to be cancelled.
>>> Here attention of Hon'ble Sir is drawn with due respect that fact
>>> submitted by your respondent is based on documentary evidence made
>>> available by public authorities and your respondent presented those
>>> facts as it is because he knows well that forgery with the record of
>>> court in order to get favourable order of court is punishable under
>>> various sections of I.P.C. 2-It is submitted before the
>>> Hon'ble Sir that under point (2) learned counsel for complainant
>>> stated that on the application of accused, enquiry report has been
>>> submitted to paper book, in which accused Yogi M. P. Singh's
>>> complainant has been found baseless and that is final.
>>> Here attention of Hon'ble Sir is drawn with due respect that when
>>> order of Hon'ble court dated 12.6.2008 was complied by D.P.R.O.
>>> Mirzapur then why later communications were made for same original
>>> documents and why nakal section did not make available the certified
>>> copy of those documents. If the original copies of the sought
>>> documents has been really part of documents of court, then made
>>> available certified copies of those documents through nakal section.
>>> 3-It is submitted before the Hon'ble Sir that under point (3) learned
>>> counsel for complainant stated that your respondent has wicked mind
>>> (malicious). Who submitted the application 21(b) in order to linger
>>> the case, based on groundless facts which ought to be cancelled.
>>> Here attention of Hon'ble Sir is drawn with due respect
>>> that the submission of your respondent dated 02.11.2010 was replied on
>>> 28.01.2012 ie more than one year later and D.P.R.O. Mirzapur is not
>>> complying the order of Hon'ble court dated 12.06.2008. Here this
>>> question arises that who wants to linger the case. Your respondent is
>>> ready for day to day hearing if Hon'ble Court desires so.
>>> 4-It is submitted before the Hon'ble Sir that learned counsel for
>>> complainant under point (4) stated that no overwriting or cutting has
>>> been made in the letter of nomination of enquiry officer and enquiry
>>> report in evidence original enquiry report is annexed with paper book.
>>> No irregularity appears yet something that is only wicked mind
>>> (malicious) of Yogi M. P. Singh. Rest of submissions in next e-mail.
>>>
>>> On 8/6/11, Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
>>> wrote:
>>>> Hon'ble Sir. With due respect please take the reference of rest of
>>>> submissions whch could not be submitted earlier. 10-Which is
>>>> sheer disobedience of court order and even court order has not been
>>>> complied till today. All reminders sent by Hon'ble Court taken under
>>>> teeth by D.P.R.O. Mirzapur. 11-It is submitted
>>>> before the Hon'ble Sir that if Hon'ble Sir will take the perusal of
>>>> letter of nomination of enquiry officer and enquiry report (photostate
>>>> copy submitted) then Hon'ble Sir will observe that date of nomination
>>>> enquiry officer was manipulated by overwriting ie year 2006 was made
>>>> 2007 (cheating). This was done only to make submitted documents
>>>> relevant and orderly. 12-It is submitted before the Hon'ble Sir
>>>> that forgery in the record of court or public record is punishable
>>>> under section 466 of Indian Penal Code and done for the purpose
>>>> cheating so also punishable under section 468 of Indian Penal Code.
>>>> Here this question arises that who has manipulated the date of
>>>> nomination of enquiry officer? Whether the persons involved in the
>>>> conspiracy to manipulate the date will be posecuted or not.
>>>> 13-It is submitted before the Hon'ble Sir that prosecution
>>>> instituted against your respondent is being carried on the basis of
>>>> meritless documents submitted by the learned counsel for the
>>>> complainant . In the interest of justice, Hon'ble Sir may pass an
>>>> order in accordance with law as Hon'ble Sir deem fit.
>>>> This is humble request of your respondent to consider the miseries,
>>>> and take appropriate steps in accordance with law. For this your
>>>> respondent shall ever pray you Hon'ble Sir. 'O' GOD HELP ME
>>>> Yogi M P Singh dated-2.11.2010
>>>>
>>>> On 7/12/11, Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
>>>> wrote:
>>>>> Hon'ble Sir. This is humble request of your applicant to
>>>>> take a reference of submissions dated02.11.2010 submitted before
>>>>> A.C.J.M. first Mirzapur by your applicant Yogi M.P.Singh as follows
>>>>> and issue appropriate direction in the interest of justice. IN
>>>>> THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE(FIRST)AT DISTRICT
>>>>> COURT DIST-MIRZAPUR(U.P.) CRIMINAL APPAL NO. 2315/07. Complainant is
>>>>> Santosh Dhar Dubey S/O Sri Shiva Nath Dubey Vill+P.O.-Nibi Gaharwar
>>>>> Block-Chhanbey Dist-Mirzapur(U.P.) Versus Yogi M.P. Singh S/O Sri
>>>>> Rajendra Pratap Singh Vill+Post-Nibi Gaharwar Block-Chhanbey
>>>>> Dist-Mirzapur(U.P.) is respondent PRAYER; D.P.R.O.
>>>>> Mirzapur to be summoned in person to explain cause why did he not
>>>>> comply the order of Hon'ble Court. Hon'ble Sir may be pleased to
>>>>> initiate contempt of court proceedings against D.P.R.O. Mirzapur in
>>>>> the interest of justice. Hon'ble Sir. I want to draw
>>>>> kind attention of the Hon'ble Sir towards following submissions as
>>>>> follows: 1-It is submitted before Hon'ble Sir
>>>>> that in letter dated 25.09.2006 D.P.R.O. Mirzapur informed to
>>>>> respondent that if you are serious for enquiry, then you may annex
>>>>> affidavit along with your complaint because your complaint will be
>>>>> considered only when it will be in accordance with the provisions of
>>>>> uttar pradesh panchayat raj act 1997(as amended).
>>>>> 2-It is submitted before the hon'ble sir that your respondent
>>>>> submitted his affidavit in respect of letter dated 05.09.2006
>>>>> addressed to district magistrate on 27.09.2006. Whereupon Mr. K. N.
>>>>> Yadav (excutive engineer tube well division)was nominated as enquiry
>>>>> officer who was a district level officer and in accordance with the
>>>>> provisions of uttar pradesh panchayat raj regulation 1997(as amended)
>>>>> 3-It is submitted before the hon'ble sir that
>>>>> aforesaid enquiry officer Mr. K. N. Yadav wrote several letters to all
>>>>> the authorities concerned to made available required records to carry
>>>>> out enquiry but those letters reaped no fruits. Hon'ble Sir Mr. K. N.
>>>>> Yadav was an honest officer and a conspiracy was hatched not to make
>>>>> available required documents necessary to carry out enquiry which was
>>>>> done in planned way by taking some senior officers in good faith.
>>>>> 4-It is submitted before the hon'ble sir that dozen of letters sent to
>>>>> concerned by said enquiry officer but neither gram pradhan nor
>>>>> secretary made available required documents desired by enquiry
>>>>> officer. Thus eight months passed and enquiry could not be carried out
>>>>> due to unavailability of necessary documents. Here this question
>>>>> arises that whether gram pradhan and secretary both were above the
>>>>> law. Whether punitive action was taken against such law breakers who
>>>>> took law under teeth. 5-It is submitted before the hon'ble
>>>>> sir that Mr. Vijay Shankar(assistant engineer minor
>>>>> irrigation)informed to your respondent through letter dated 05.06.2007
>>>>> that he has been nominated enquiry officer by D.M. Mirzapur through
>>>>> letter 278/panchayat-7/complaint/2006-07 dated 31.05.2006. Here
>>>>> attention of hon'ble sir is drawn to the point that nomination of
>>>>> enquiry officer was not made in order to applications of your
>>>>> respondent which was illegal and any action on the basis of enquiry
>>>>> report of said enquiry officer is illegal in itself. 6-It
>>>>> is submitted before the hon'ble sir that your respondent sought some
>>>>> informations concerned with the date of nomination and other
>>>>> essentials to overcome the suspense of unfair enquiry through letter
>>>>> dated 11.06.2007 under subsection 1 of section 6 of right to
>>>>> information act 2005 but it was unfortunate that enquiry officer did
>>>>> not comply the provisions of R.T.I. Act 2005 and denied to entertain
>>>>> the letter. 7-It is submitted before the hon'ble
>>>>> sir that enquiry officer again stated in his letter dated 19.06.2007
>>>>> that his date of nomination as enquiry officer is 31.05.2006.
>>>>> 8-It is submitted before the hon'ble sir that enquiry officer
>>>>> again emphasized in his letter dated 20.08.2007 that he was nominated
>>>>> enquiry officer by D.M. Mirzapur through letter dated 31.05.2006. This
>>>>> letter was addressed to P.I.O. Collectorate Mirzapur and copy was
>>>>> served to your respondent. 9-It is submitted before
>>>>> hon'ble sir that learned counsel for complainant himself accepted in
>>>>> the letter dated24.08.2007 that complaints made before D.M. Mirzapur
>>>>> against gram pradhan vill-nibi gaharwar by your respondnt on
>>>>> 18.06.2006, 23.06.2006,28.08.2006&05.09.2006 which are letter dates of
>>>>> 31.05.2006. Consequently nomination of enquiry officer on 31.05.2006
>>>>> is illegal. 10-It is submitted before the
>>>>> hon'ble sir that Hon'ble court on 12.06.2008 passed an order to summon
>>>>> original paper of nomination of enquiry officer and enquiry officer's
>>>>> report. It is unfortunate that D.P.R.O. Mirzapur instead of submitting
>>>>> original paper submitted photocopy. Which is sheer disobedience of co
>>>>>
>>>>
>>>
>>
>