Saturday, April 10, 2021
application under section 156 (3) of Criminal Procedure Code 1973
District : South 24 Parganas
In the Court of the Learned Additional
Chief Judicial Magistrate at Alipore, South 24 Parganas.
Complaint Case no. of 2019
In
the matter of:
An
Application under Section 156(3) of Criminal procedure Code’ 1973;
AND
In
the matter of:
Smt.
Swapna Mistry, wife of Samir Mistry, residing at premises being no. 46/B, Purba
Panchanna Gram, Post Office – VIP Nagar, Police Station – Anandapur, Kolkata –
700 100.
.............. Complainant
-Versus-
ANANDAPUR
P.S.
1.
Indrajit Karmakar, Son of
residing at premises being no. 14/B, Purba Panchanna Gram, Post Office –
VIP Nagar, Police Station – Anandapur, Kolkata – 700 100.
2.
Bidhan Bala, Son of Deben Bala, residing being no. 6/B, Purba Panchanna Gram ,
Post Office – VIP Nagar, Police Station – Anandapur, Kolkata – 700 100.
..............Accused
Offence
committed to be punishable under Section 354, 307, and 34 of Indian Penal Code’
1860.
The
humble petition of the above named Complainant, most respectfully;
Sheweth
as under:
1.
That the complainant is a peace loving and law abiding citizen of the
country, residing at the address, as given in the cause title of this
application.
2. That the complainant is a house wife
and whereas the complainant's husband Shri Samir Mistry running a fast food
shop at the premises as of the residence in vicinity of the Purba Panchanna
Gram. The complainant rendering her co-operation and assistance to her husband
in running the said fast food shop.
3. That the accused persons are residing
in the same vicinity and are usually visited the fast food shop of the
complainant's husband for purchasing different snacks and other food products,
time and again.
4. That the accused person usually on
their visit to the said fast food shop, altercation occurred at their behest
and instigation. The accused persons are dangerous in nature and always in
drunken condition, while they visited.
5. That the vicinity people are usually
harassed by the accused persons including the complainant and her husband.
Therefore so many criminal cases had lodge by the vicinity people against the
accused persons, which are probably pending before the Learned Court.
6. That on 26.12.2018 at about 11:30
p.m. at the night, the accused person Shri Indrajit Karmakar accompanied with
two other unknown people, who were drunken condition knocking the door of house
of the complainant loudly, and whereas while the complainant open the door, the
said accused person used most abuses languages to the complainant and taking tied
hands and wearing of the complainant, therefore the complainant were trying to release
from the hand of the accused persons and shouting for help, then the accused
no. 1, Shri Indrajit Karmakar strangulating neck of the complainant using his
force to make the complainant die. However, on hearing such hue and cry of the
complainant, the elder son of the complainant and some of the persons of the
vicinity reached the place and on their intervention, the accused persons fled
away leaving their threat and dire consequence, to kill life of the complainant.
7. That the complainant on the very next
day i.e. 27.12.2018 went to the
Anandapur Police Station for lodging such facts with her prayer for
appropriate legal recourses against the accused persons. But the police did not
take her complainant on the plea that the accused persons are bad guy and
several criminal investigation are pending against them.
8. That the complainant’s thereafter lodge
a written complaint of such incident which has been sent through speed post to
the Officer - In - Charge of the Anandapur Police Station which has been duly
delivered as per track report of the postal authority concern.
9. That thereafter the police authority
of the Anandapur Police Station asked the complainant to visit the police
station and to meet with Shri. Panchu Gopal Dey, Sub - Inspector of the police
to accommodate facts of the complainant.
10.
The
complainant visited the Anandapur Police Station on three occasions as per the
requirements of the said Sub - Inspector, but nothing could be yield. The
police did not register any FIR against the accused persons, rather police
taken the endeavour to make the complainant understand that the accused persons
may further commit similar nature of offence on the complainant as to take
revenge.
11.
That Since,
the substantial period has been elapsed, even after communication made to the
higher police officer, the police authority did not lodge the facts of the
complainant and did not cause necessary investigation against the accused
person. Therefore in such a circumstances the complainant resort herself before
the Learned Court to get Justice.
12.
Thus the
accused persons has committed offence punishable under section 354, 307 and 34
of the Indian Penal Code’ 1860.
13.
That the
complainant seeks a direction upon the Officer-In-Charge of Anandapur Police
Station to treat this application as an FIR and to cause necessary
investigation in terms of the law to get Justice.
14.
That
unless the Learned Court allow this application, the complainant will be highly
prejudice and suffer with irreparable loss and injury.
15.
That this
application is made bona-fide and in interest of administration of justice.
It is therefore prayed that your
Honour would graciously be pleased to allow this application Under Section
156(3) of Criminal Procedure Code’ 1973 and direct the Officer-In-Charge of
Anandapur Police Station to treat this application as an FIR and to cause
necessary investigation in terms of the Criminal Procedure Code’ 1973. And or
to pass such other necessary order or orders as your Honour may deem fit and
proper for end of justice.
And for this act of kindness, the
petitioner, as in duty bound shall ever pray.
VERIFICATION
I, Smt. Swapna
Mistry, being the petitioner, herein, do hereby declare that the forgoing
paragraphs no. to are true to
the best of my knowledge and rest prayers portions are my humble submission
before the Learned Court and I duty sign and briefly this plaint on.
2019.
DEPONENT
Indentified by me,
Advocate
Prepare in my Chamber,
Advocate
Date: 2019
Place : Alipore, Kolkata
AFFIDAVIT
|
|
I, Smt. Swapna
Mistry, wife of Samir Mistry, aged about
years, by faith Hindu, by Occupation House Wife, residing
at premises being no. 46/B, Purba Panchanna Gram, Post Office - VIP Nagar,
Police Station - Anandapur, Kolkata - 700 100, do hereby solemnly affirm and
says as follows :
1. That I am the
complainant in this case and am well conversant with the facts and
circumstances of the case.
2. That the Anandapur
Police Station did not lodge any FIR on given complaint of the Complainant.
3. That no Complaint
has ever been registered in any Court of Law on Self same facts.
4. That I resort the
present proceeding before the Learned Court for the first time.
5. That I state the
facts in my pleading and seeks to get justice in terms of the Law.
That
the above statements are true to the best of my knowledge and belief.
DEPONENT
Indentified by me,
Advocate
Prepare in my Chamber,
Advocate
Date: 2019
Place : Alipore, Kolkata
N
O T A R Y
application under Section 144 (2) of Criminal Procedure Code 1973
District
: South 24-Parganas.
In the Court of the Learned 2nd
Executive Magistrate at Alipore, South 24-Parganas.
M.P.
Case no………..………of 2017.
In the matter of :-
An application under section 144 (2) of Criminal Procedure Code, 1973;
And
P.S. Haridevpur
In the matter of:-
Smt. Minoti Mondal
wife of Late Samiran Mondal, aged about 66 yrs. , residing at 73/82, Chakram
Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata- 700104, District -
South 24 Parganas.
____Petitioner/
Complainant.
-
Versus
–
1. Sri Sarbeshwar Mondal son of
Pratap Mondal of Chakram Nagar(Indira Uddyan), P.O.- R.C. Thakurani, P.S.-
Haridevpur, Kolkata-700104, Dist.- South 24 Parganas.
2. Shyamapada Chatterjee son of
Sanatan Kumar Chatterjee of Chakram Nagar, P.O.- R.C. Thakurani, P.S.-
Haridevpur, Kolkata-700104, Dist.- South 24 Parganas.
__ Respondents / Opposite Parties.
The humble
petition of the above named petitioner, Smt. Minoti Mondal, most respectfully;
Sheweth as under :-
1. That the Petitioner / Complainant
is an old aged widower and senior
Citizen of India, permanently residing at the address as given in the cause
title of this application under section 144 (2) of the Criminal Procedure Code,
1973, which fall under the jurisdiction of the Learned Court.
2. That the petitioner is the
widower of Late Samiran Mondal and she has one son and one daughter namely Sri
Saumya Mondal and Arundhuti Mondal respectively. She and her children belong to
the mediocre family. Her husband has been given by the West Bengal State
Government, the land of shali nature measuring about 17 decimal, comprising in
previous Dag no.- 266, Khatian no.- 123,and present Dag no.-292, Khatian
no.-495/1, Mouza- Jeadergote, J. L. no. 29, District - South 24 Parganas for the purpose of
cultivation under the West Bengal Land Reforms Act, 1955 and consequently the
said land is inherited by the petitioner with her son and daughter.
3. That the Respondent / Opposite
Parties, herein being the absolute stranger along with some bad elements forcefully
and illegally with ulterior motive entering into the land of shali nature
measuring about 17 decimal, comprising in previous Dag no.- 266, Khatian no.-
123, and present Dag no.-292, Khatian no.-495/1, Mouza- Jeadergote, J. L. no.
29, District - South 24 Parganas, and
pouring rubbish (wastage material of building) on the land of the petitioner.
4. That on 06-10-2017 at about
8.00 a. m. while the petitioner visited her land which is nearby her residence,
she was astonished to see that two trucks were releasing rubbish (wastage
material of building) on her land, while she put her strong intervention then
they said that " ami to driver ar
ora to helper, amra kichhu jani na, amader KMC theke bolechhe ekhane rubbish
fele dite, tai felchhi, kichhu bolar thakle KMC te jan" and piled up
their rubbish on her land, thereafter she met with the councilor of her
locality, who was unable to say anything regarding this event. Therefore the
petitioner on 07.11.2017 lodged the complaint before Haridevpur police station but
the police did not take any action to stop the illegal work and protect the
land from land grabbers who continuing their illegal activities in the name of
KMC.
5. That thereafter again on
10.11.2017 at about 8.30 a.m. while the petitioner visiting her land, she saw
again some trucks were pouring rubbish (wastage material of building) in her
land, and while she put strong intervention and objection against such illegal
act, Sri Sarbeshwar Mondal son of Pratap Mondal of Chakram Nagar (Indira
Uddyan), P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, Dist.- South
24 Parganas and Shri Shyamapada Chatterjee son of Sanatan Kumar Chatterjee of
Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, Dist.-
South 24 Parganas, the respondents herein, came before her with angry mood and
started shouting and threaten her to leave the place otherwise they would bit
her and also stated that they are doing the job as per instruction of the KMC
but when the petitioner asked the documents, they denied to show any documents
of KMC, but the petitioner never agreed
to leave that place because the land is her own, then they started abusive
languages upon her and try to assault her, in that compelling circumstances, with
the intervention of other vicinity people they arranged themselves to fled away
and threatened with dire consequences.
6. That on 13.11.2017, the
petitioner again lodged the complaint before the Haridevpur police station
against Sri Sarbeshwar Mondal son of Pratap Mondal of Chakram Nagar (Indira
Uddyan), P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, and Shri
Shyamapada Chatterjee son of Sanatan Kumar Chatterjee of Chakram Nagar, P.O.-
R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104 and request the officer in
charge of Haridevpur police station to take necessary endeavor to protect the
land of the petitioner and also take the action against Sri Sarbeshwar Mondal
son of Pratap Mondal of Chakram Nagar (Indira Uddyan), P.O.- R.C. Thakurani,
P.S.- Haridevpur, Kolkata-700104, and Shri Shyamapada Chatterjee son of Sanatan
Kumar Chatterjee of Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur,
Kolkata-700104, who are the absolute stranger and deliberately, illegally trying to grab the land of the petitioner.
7. That in these circumstances,
the petitioner feels that a huge conspiracy made to grab her property in the name of KMC
and Sri Sarbeshwar Mondal and Sri
Shyamapada Chatterjee are the kingpin of the entire episode and as they are
politically motivated, the police did not act according to law.
8. That the Petitioner is a victim
of such described purported purposive activities of the Respondents and their
men, and agent. The Petitioner and her family members are only the absolute
owner in respect of land of shali nature measuring about 17 decimal, comprising
in previous Dag no.- 266, Khatian no.- 123,and present Dag no.-292,Khatian
no.-495/1, Mouza - Jeadergote, J. L. no. 29, District - South 24 Parganas for the purpose of
cultivation under the West Bengal Land Reforms Act, 1955, District South 24
Parganas which has been given by the
West Bengal State Government through 'patta' to Samiran Mandal (now deceased),
husband of the petitioner.
9. That the Opposite Party is the
absolute stranger in respect to the schedule property and has no right, title
and interest in the said property.
10.
That
the cause of action arose on 10-11-2017, when the Opposite Parties openly
threatened the Petitioner within the premises under the Police Station-
Haridevpur, which lies in the jurisdiction of this Learned Court.
11.
That
your petitioner being an old aged widower Senior Citizen taken endavour to
acknowledge such facts to the concern Police Station at Haridevpur, which has
been refused by the Police Station at Haridevpur, as on 14th day of
November’ 2017.
12.
That
your Petitioner beg to states that finding no other alternative the petitioner
lodge this facts with the concern police station at Haridevpur, on earlier two
occasions, with a request for the appropriate legal recourses against the
opposite parties to prevail law and order at the locality.
13.
That
the Police did not take any steps in terms of the facts and in the Law, nor
cause any enquiry thereof. The opposite party get indulgence of such inaction
of the police authority concern of the Haridevpur Police Station, and therefore
the Opposite Parties, with their men and agents, trying themselves, time and
again to cause enormous disturbance at the schedule property.
14.
That
in given facts and circumstances, your petitioner is in much disturbance to
live his old aged life at the schedule premises at the behest and instances of
the opposite party, who deliberately and willfully cause the disturbance at the
schedule premises.
15.
That
the Opposite parties are creating and sustaining breach of peace at the
schedule premises by their unwanted, unauthorized, illegal purported and
perverted activities at the schedule premises, with the help of their men,
agents and associates thereof.
16.
That
the Opposite Parties, are an absolute stranger persons in respect of the
schedule premises, thereof.
17.
That
the Opposite Parties are of dangerous in nature and much perverted to cause
disturbance, and harassment to your petitioner.
18.
That
your Petitioner beg to states that the situation is very tensed and there is
every possibilities of serious breach of peace due to continuous illegal
intervention on the schedule property of the petitioner, thereof.
19.
That the petitioner state and submits that the
opposite parties deliberately, willfully, causes such acts and illegal deeds,
breaching peace at the premises of your petitioner, continuously, day by day,
and did not stop such illegal activities, even after reporting to the Police.
20.
That
your petitioner being frightened on seeing vulgar activities of the opposite
parties and their members as they are desperate and danger in nature, at any
moment a serious breach of peace may occur at the scheduled property, if the
opposite parties and their members are not restrained from their illegal and
unlawful activities.
21.
That
the situation is aggravated and tension mounted on your petitioner have a
reasonable apprehension that a serious breach may take place any moment.
22.
That
the opposite parties are commonly intended to commit the breach of peace under
the locality and in a view to establish their wrongful demands and to harass
and hackle the petitioner in every manner.
23.
That
thus the Petitioner is compelled to resort the legal proceeding before this Ld.
Court.
24.
That
this application is made bonafide in the interest of administration of justice.
In the circumstances, it is therefore prayed that your Honour would
graciously be pleased to drawn up proceeding under section 144 (2) of the
Criminal Procedure Code’ 1973, and further be pleased to direct the
Officer-in-Charge of Police of the Haridevpur Police Station to restrain the
strangers, Sri
Sarbeshwar Mondal son of Pratap Mondal of Chakram Nagar (Indira Uddyan), P.O.-
R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, Dist.- South 24 Parganas and
Shri Shyamapada Chatterjee son of Sanatan Kumar Chatterjee of Chakram Nagar,
P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, Dist.- South 24
Parganas to enter upon the schedule property of the petitioner, and to stop
their illegal and unlawful activities on the
schedule property of the petitioner i.e. the land of shali nature measuring about 17
decimal, comprising in previous Dag no.- 266, Khatian no.- 123,and present Dag
no.-292,Khatian no.-495/1, Mouza- Jeadergote, J. L. no. 29, District - South 24 Parganas by
the opposite parties, and to submit
report, and / or to pass such other necessary order or orders as your Honour
may deem fit and proper for the end of justice.
And
for this act of kindness, your Petitioner, as in duty bound shall ever pray.
SCHEDULE OF PROPERTY
ALL
THAT piece and parcel of the land of shali nature
measuring about 17 decimal, comprising in previous Dag no.- 266, Khatian no.-
123, and present Dag no.-292, Khatian no.-495/1, Mouza- Jeadergote, J. L. no.
29, District - South 24 Parganas,
together with the area of uses and easements, butted and bounded in the
following manner :
On
the North :
On
the East :
On
the West :
On
the South :
VERIFICATION
I, Minoti Mondal wife of Late
Samiran Mondal, aged about 66 yrs. , residing at 73/82, Chakram Nagar, P.O.-
R.C. Thakurani, P.S.- Haridevpur, Kolkata- 700104, District - South 24
Parganas, the petitioner of the instant application, do
hereby state that I am well conversant and acquainted with the instant
proceeding / case matter and verify this application on ……………..day of
…………………..2017, at Alipore Police Court.
_____________________
Identified
by me,
Advocate.
Prepared
in my office.
Advocate.
Dated
:………………………2017.
Place
: Alipore, South 24-Parganas.
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