Thursday, March 23, 2023

Show Cause Petition in Criminal Proceeding

 

District : South 24 Parganas.

 

In the 5th Court of the Learned Judicial Magistrate, at Alipore, South 24 Parganas.

 

                                                          ACM Case no. 517 of 2021

 

                                                          In the matter of :

Mumtaj Begam,

                                                                   _________Petitioner.

-      Versus –

 

Md. Fakruddin,

___________Opposite Party.

 

Show Cause Petition

 

The humble petition on behalf of the Opposite Party most respectfully;

Sheweth as under :

 

1.           That today (i.e. 14/12/2022), is fixed for the Show Cause by the Opposite Party, in the above referred proceeding, before the Learned Court, as the Learned Court did not find any steps for the opposite party on last occasion.

 

2.           That on 28/09/2022, due to illness of the Learned Advocate of the Opposite Party, no steps has been assailed in the case record. The Opposite Party was not in Kolkata on such occasion, as no leave has been given by the Central Railways Authority. Thus while the Learned Court did not find any steps and appearance of the Opposite Party, the Learned Court was pleased to direct the Show Cause on the Opposite Party.

 

3.           That the Opposite Party is much due diligent in conducting the proceeding before the Learned Court though the illness of the Learned Advocate and non-consideration of leave by the employer of the Opposite party prevent the opposite party to appear before the Learned Court on the given occasion in the proceeding.

 

4.           That the Opposite Party undertake to take all necessary steps and be present in the proceeding on each and every occasion fixed up by the Learned Court.

 

5.           That the Opposite Party is ready with his Written Objection and Annexure – A – being affidavit of assets and liabilities, to place in the present proceeding.

 

6.           That in the given facts and circumstances, the opposite party seeks the acceptance of cause shown by him before the Learned Court, in the interest of administration of Justice.

 

7.           That unless the Learned Court accept the cause shown by the opposite party, the opposite party will highly prejudice and suffer with irreparable loss and injury thereof.

 

8.           That the balance of convenience and inconveniences are in favour of the Opposite Party, and the Petitioner will not prejudice.

 

9.           That this application is made bonafide and in the interest of administration of Justice.

 

It is therefore prayed that your Honour would graciously be pleased to allow this written objection of the Opposite Party and to accept the cause shown by the opposite party, in the interest of administration of justice, and or to pass such other order or orders as your Honour may, deem, fit, and proper for the end of justice.

 

And for this act of kindness, the Petitioner, as in duty bound shall ever pray.

 

VERIFICATION

 

I, being the Opposite Party herein, do hereby solemnly state and declare that the statements made in the foregoing paragraphs are true to the best of my knowledge and belief and I sign this verification on this the ______day of ____________’ 2022, at Alipore Criminal Court premises.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit

 

I, Md. Fakruddin, Son of Late Md. Moin, aged about _______years, by faith Muslim, by Occupation Service, residing at Village – Payalpur, English Pirpaintee, Bhagalpur, Post Office – Rifayatpur, Police Station – Barahat, District – Ishi, State – Bihar, India, Works for gain at : Murahara Railway Station, Eastern Railway, District – Banka, State Bihar, India, works as Gate Keeper, do hereby solemnly declare and affirm as follows :

 

  1. That I am competent to swear this affidavit, and I am Opposite Party in the present proceeding, before the Learned Court.

 

  1. That I am conversant and acquainted with the material facts as stated in the foregoing paragraphs of my Show Cause Petition.

 

  1. That the statements as made by me in the foregoing paragraphs in the Show Cause Petition, are true to the best of my knowledge and belief.

 

That the above statements are true to the best of my knowledge and belief.

 

 

 

 

DEPONENT

Identified by me,

 

Advocate.

Prepared in my Chamber,

 

Advocate

Date : __________________2022.

Place : Alipore Criminal Court

NOTARY

 

 

 

 

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