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