All friends are requested to give your valuable suggestion on notice as below : Legal Notice - To Ld.Magistrate Shri Mahendra Bade at Dahanu Court For Contempt of SC & HC + Fraud on Court 18.12.2014 LEGAL NOTICE To: Shri Mahendra Bade, Ld.Magistrate at Dahanu Court From: Ms.Roshani Sukhraji Bafna, B-13,Kety Nagar,Dahanu,Dist:Palghar. Maharashtra, India.MOB-9819472240. Email-roshanibafna@gmail SUBJECT: Contempt of Hon. Supreme Court’s Law and presenting Concealed Truth in your order dt.3.5.2014 in R.C.S.No.19/2014 & in O.M.A. 55/2014 and also showing “Deplorable Standards of Judicial system” as per the law laid down by Hon. Supreme Court in Santosh Kumar Singh vs. State through CBI- ( 2010)9SCC747 “Though I know he is the man who committed the crime, I acquit him, giving him the benefit of doubt”. + Fraud on Court I, the undersigned, Ms.Roshani S.Bafna,age 53 years, do hereby serve upon you this notice as under: 1. That I filed Regular Civil Suit being No.19/2014 for setting aside the order obtained by fraud on Court on the basis of false,forged & fabricated revenue record of my landed property situate at village Sarawli@Manfod,Tal.Dahanu by builder Shri Vijay Ghodawat@Shah & Smt. Seema V.Shah dt.13.4.2004 in R.C.C.No.1/2004 without making me a party in said suit by him with ulterior motive to grab my landed property. I also filed O.M.A.55/2014 for direction to Dahanu Police u/s 156(3) of Cr.P.C. for investigation & to register FIR against accused as regards forged,false,fabricated revenue record of said landed property ,wherin I brought to your Honor’s kind perusal the original revenue record of said landed property owned and possessed by me. Your Honor has perused the said false ,forged and fabricated 7/12 extracts and the original 7/12 extracts of my said landed property and satiesfied by the truth placed by me through aforsaid suit and Cr.Application filed by me before Your Honor. But Your Honor has not only given diplorable standard of Judicial system but also violated the directions laid down by Hon’ble Suprem Court of India in Santosh Kumar Singh vs. State through CBI- ( 2010)9SCC747 “Though I know he is the man who committed the crime, I acquit him, giving him the benefit of doubt”. You had further committed the following illegalities , contempt of Hon’ble Supreme Court as well as Hon’ble High Court and also committed various offences under various sections of the I.P.C. which are mentioned as under: 2. That as you being Ld.Magistrate, you are supposed to represent, work for and on behalf of impartial judiciary system and not for supporting the forgery ,and on the basis of it grabbing of victims livelihood ,a serious offence committed by accused builder. However, without valid reasons you have supported to forgery for which I require reasons from you and it is also a matter of serious consideration. 3. Moreover,as per the Law, Indian Judiciary is supposed to Safeguard and Protect the Life, Liberty and Human Rights of its Victims, that is me and also more sounder the lady victim suffered from various ailments like T.B.,hyper acidity, severe back ache and lost her all teeth in her young age as she had suffered cruelty at the hands of her greedy in-laws and husband who made her to run from pillar to post for 17 years to get her return back of stridhan from lower court inspite of confirmation by Hon’ble High Court,Bombay in its verdict dt.21.8.1992 in FCA No.37/92 ,the issue of cruelty and misappropriation of her ornaments & valuables by her husband & in-laws. In veiw of my matrimonial problems my late mother was very much anxious about my future life hence gifted & bequeathed some landed property for my survival, and you being the Ld.Magistrate at Dahanu Court it was your PRIME Duty to Protect my Human Rights as you were AWARE that on the basis of false,forged and fabricated revenue record of my landed property ,the said accused/builder has obtained the order by fraud on court, which is my livelihood and except said landed property I have no source of income from any angle. 4. That in the order dt.3.5.2014 in RCS No.19/2014 you have denied my right to be heard on merits of the case and hence violated the law and shown disrespect to Hon’ble Supreme Court . Your submission is dishonest concealment of the law laid down by the Supreme Court regarding res-judicata. It was within your knowledge and once again is being brought to your notice that in view of law settled by the Hon’ble Supreme Court as regards res-judicata are as under :-. a)“AIR 1966 SC 132 -The decision not based on merits would not be res-judicata in subsequent suit. A judgment obtained by fraud or collusion doesnot operates on res-judicata . b)AIR 1982 Noc 23 GAV AIR 1993. Appellant not party to earlier suit as such she is not bound by any observation made in the earlier judgment. c) Finding recorded will not operate as res-judicata.(Anguri Devi v/s Moti Ram & ors) 2003(1) civil court case 85 (p&H) d) No question of res-judicata when fraud or collusion present ILR 1966(1) KAR 165(SC) . The parties must have litigated under the same tiltle.(Brahm prakash v/s Chando devi & ors.) Hon’ble Justice Hima Kohli. CRP 1332/2002 on 4.5.2010 SC. Judgment attached. 5) That you have also denied my right to be heard on merit on the ground of delay/time limitation which is again violation of law laid down by Hon’ble Supreme court in case of : Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762, dealt with the issue and observed as under: “The general rule of criminal justice is that a crime never dies. The principle is reflected in the well-known maxim nullum tempus aut locus occurrit regi (lapse of time is no bar to Crown in proceeding against offenders)……. It is settled law that a criminal offence is considered as a wrong against the State and the Society even though it has been committed against an individual. Normally, in serious offences, prosecution is launched by the State and a Court of Law has no power to throw away prosecution solely on the ground of delay. Mere delay in approaching a Court of Law would not by itself afford a ground for dismissing the case though it may be a relevant circumstance in reaching a final verdict.”. The aforesaid judgment was followed by this Court in Sajjan Kumar v. Central Bureau of Investigation, (2010) 9 SCC 368. 6) It makes me to remind you that the Hon’ble Supreme Court In the case of A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors on 7 March, 2007 CASE NO.:Appeal (civil) 5097-5099 of 2004 has also laid down that :- No judgment of a court, no order of a Minister, can be allowed to stand, if it has been obtained by fraud .” Decree obtained by fraud will be nullity if decreed to be nullified by the court of competentJurisdiction. It is thus settled proposition of law that a judgment, decree or order obtained by playing fraud on the Court, Tribunal or Authority is a nullity and non-est in the eye of law. Such a judgment, decree or order by the first Court or by the final Court has to be treated as nullity by every Court, superior or inferior. It can be challenged in any Court, at any time, in appeal, revision, writ or even in collateral proceedings. Thus not withholding case laws which are supporting to victim and thus protecting & supporting to accused with ulterior motive make a loss to victim is a “diplorable judicial system ” as per the law laid down by Hon. Supreme Court in Santosh Kumar Singh vs. State through CBI- ( 2010)9SCC747 “Though I know he is the man who committed the crime, I acquit him, giving him the benefit of doubt”. + Fraud on Court and you committed this misconduct. 7). Thus relying on various authorities Apex Court, ruled that Ld.Magistrate has to act impartially and judiciously deliver the justice with respect to evidence on record and respecting to higher court’s verdicts.But you have shown disrespect to law and SC ‘s verdicts to protect & to save the accused with ulterior motive to grab my valuable landed property. Hence you are guilty of contempt of court by placing misleading version and concealing the legal position. 8). Needless to remind you that the case laws are legal evidence and placing reliance on the law in a fashion to create circumstance to exist, which in fact does not exist,is clearly an offence under section 191,193, 201, 218, 166, etc. of I.P.C. 9). In the case law of K.Veeraswamy’s case 1991 (3) SCC 655in para 56, it is clearly laid down by the Constitution Bench that there is no protection to the Judges in case of violation of laws and disrespect to higher courts. Only in the case of Prevention of Corruption Act , sanction is required. 10). Moreover,this position is clarified by the Hon’bleJustice Dr. B. S. Chavan in the case of Ramlal vs. State 2001 (Cri.L.J.) 800 and ruled that guidelines of K.Veeraswamy’s case regarding prior permission and consultation with Chief Justice before registering FIR against Judge is only regarding the case of Prevention of Corruption Act and in all other cases falling under IPC,no such prior permission is necessary. 11). That as per law laid down by Hon.Supreme Court in the case of Union of India vs. Ramesh (2012)1 SCC 476 laid down that judgment obtained by non-disclosure of all necessary facts tantamount to a judgment obtained by Fraud. And you are Guilty of playing Fraud on Court. Judgment ATTACHED. 12). That if High Court feels to prosecute a judge, then section 3(2) empowers the High Court and it has override over section 3(1). In arguments case laws were given by me along with pursis to you but you with some malafide intention ignored this settled position of law and hence you are guilty of contempt of High Court & Suprem Court of India.. 13). That, as per the law laid down and reiterated by the Hon’ble Supreme Court in M.S. Ahlavat’scase, “to perpetuate a mistake is no virtue but to correct it is compulsion of sound judicial conscience”. Therefore, you are expected to recall your own judgment dt.3.5.2014 at your own and try to correct the grave mistake committed by you and thereby to purge the contempt, if you so desire. 14. Hence by way of this notice, you are hereby called upon to tender written apology to the Hon’ble High Court and Hon’ble Supreme Court within 3 days from receipt of this notice, failing which I will be compelled to initiate appropriate action under the provisions of I.P.C. and Contempt of Courts Act against you in the Court of Law. Take serious note that tendering of your apology and acceptance or non acceptance by the Hon’ble High Court is altogether different matter. But this notice is issued to you by reserving my right to initiate criminal proceedings and other proceedings falling under the law so that other victims, citizens and next generation will at least be assured that such mistake will not be done by law-breaking person to protect the accused like you. ( Roshani Bafna) Encl: 1.Allahabad Court Judgment on DEEMED SANCTION 2.SC JUDGMENT ON – Fraud on Court CC: Hon’ble Chief Justice Of India Hon’ble Chief Justice of Bombay High Court.
Posted on: Wed, 17 Dec 2014 07:16:42 +0000
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