District
: South 24 Parganas
In
the Court of the Learned 2nd Executive Magistrate, at Alipore, South
24 Parganas.
M.P.
Case no. of 2021
In
the matter of :
Smt. Kanan
Karmakar, Wife of Late Gourango Karmakar, Daughter of Late Anil Chandra
Karmakar, resident of premises being no. 39, Sarada Pally, Police Station –
Kasba, Kolkata – 700039, District South 24 Parganas.
_________Petitioner
-
Versus
–
Kasba
Police Station
1)
Sri Kartik Chandra
Das, Son of Late Sudhir Chandra Das, residing at Laskarhat Madhyapara,
Amrabati, Police Station – Kasba, Kolkata – 700039, District –
South 24 Parganas.
2)
Sri Kajal Kumar Das,
Son of Late Sudhir Chandra Das, residing at Laskarhat Madhyapara, Amrabati,
Police Station – Kasba, Kolkata – 700039, District – South 24 Parganas.
3)
Ashok
Bhowmik @ Buro Bhowmik, Son of Late Anil Bhowmick, residing at M26, Purbasree
Pally, Kolkata – 700039, District South 24 Parganas.
______Opposite Parties
An
application under Section 144(2) of the Criminal Procedure Code’ 1973
The humble
petition of the above named petitioner, most respectfully;
Sheweth
as under :
1. That the
petitioner is a peace loving and law abiding Citizen of the Country, residing at the address as given in the cause title of
this application, which is well fall under the jurisdiction of the Learned
Court. The petitioner presently residing and staying at Dangadikhila Purbapara
( Kharbagan ), Dangadighila, Khardah North 24 Parganas.
2. That the
Petitioner is an absolute Owner of premises being no. 39, Sarada Pally, Kolkata
– 700039, Police Station – Kasba, District – South 24 Parganas. The Petitioner
is an Widow & rustic Lady, she is helpless running her livelihood in a very
poor conditions, so far.
3. That your
petitioner had taken money being Rs. 15,000/- ( Rupees Fifteen Thousand ) only,
as Loan from Shri Kartik Chandra Das and Kajal Kumar Das resident of Laskarhat
Madhyapara, Amrabati, Kolkata – 700039, Police Station – Kasba, in the year
1991. The sais Kartik Chandra Das prepared some document engraved on Rs. 10/-
Non Judicial Stamp papers, and asked for signature of your petitioner, Your
petitioner put her signature in good faith & belief on last page of such
document prepared by the said Kartik Chandra Das. She did not have any iota or
knowledge of the contents of such document being put forward by the said Kartik
Chandra Das. She is a rustic Lady have no knowledge of any writing or reading
of any languages including Bengali.
4. That your
petitioner beg to states that few years later She was ready to return such Loan
amount to the said Kartik Chandra Das, but he did not take on a plea that he
will ask for such money whenever he needed.
5. That in the
year 2012, the said Kartik Chandra Das again came with one Rs. 10/- non judicial
stamp paper and few papers attached therewith written in Bengali computer
typed, as She was not able to read, she could not read out the same. The said
kartik Chandra Das insisted your petitioner to put her signature on last page
of such prepared document by him. your petitioner was little doubtful though as
he convinced your petitioner, your petitioner was in belief thereof and put her
signature without knowing the content and purports thereof.
6. That consequently,
in the year 2017, your petitioner have given her immovable property for
development to the persons of her choice. Presently her said immovable property
has been developed though awaiting for being complete for inhabitable
condition, so far.
7. That on 16th
day of July’ 2021, at about 9:30 pm the said Katik Chandra Das called your
petitioner over her phone, and asked to give 250 sq. ft. area at her premises
under the jurisdiction of Kasba Police Station, which She categorically refused
since such has never been promised by her. Then after a while the said Kartik
Chandra Das again made call to her and used most filthy languages and threaten her
that he will take 250 sq. ft. area from her schedule premises forcibly, which She
again refused though he shouted like anything, then your petitioner disconnect
the phone.
8. On 17th
day of July’ 2021, at about 9 am in morning, the said Kartik Chandra Das again
made call on your petitioner mobile and shouted with filthy languages on her,
However She made clear to him, that She has every intention and willingness to
return his money as of Rs. 15,000/- ( rupees Fifteen Thousand ) only, at any
moment at his convenient, but he did not listen to her, and shouted on her with
most filthy languages, and asked for Land portion measuring about 250 Sq. ft.
at her schedule premises. Lastly he disconnect the call with a threat to
acquire forcibly such alleged portion as emphasized by him.
9. That thereafter
at about 10 am in morning one Ashok Bhowmik @ Buro Bhowmik, Son of Late Anil
Bhowmik, staying at M26, Purbasree Pally, Kolkata – 700039, made call on your
petitioner mobile and threatened her that if She will not proceed to give the
portion of Land being 250 sq. ft. to the said Kartik Chandra Das, then he will
encroach forcibly as he is a powerful person in the locality and on denying
such proposal of him he got furious and shouted with most filthy languages on your
petitioner, therefore She disconnect his call.
10.
That
your petitioner beg to states that your petitioner is in much fear as the said
Kartik Chandra Das and his associate Ashok Bhowmik @ Buro Bhowmik threatened her
with most filthy languages and trying to grab her schedule property, and
therefore She got much depressed and speechless, fearing for her security and
property.
11.
That
your petitioner got much depressed after such incident, and went to the police
station at Kasba Police Station, and acknowledge such facts vide written
complaint, which has been refused by the Police Officials, and whereas the
Police advised your petitioner to take appropriate order from the Learned Court
of Executive Magistrate, Alipore, South 24 Parganas, so that the Police can
take action in terms of the prescribed provision of the Law, thereof. However
your petitioner served such written complaint through Post.
12.
That
the cause of action arose on 16th day of July’ 2021, when the
Opposite Parties openly threatened the Petitioner within the premises under the
Police Station- Kasba, which lies in the jurisdiction of this Learned Court.
13.
That
your Petitioner beg to states that finding no other alternative the petitioner
lodge this facts with the concern police station at Kasba, with a request for
the appropriate legal recourses against the opposite parties to prevail law and
order at the locality.
14.
That
the Police did not take any steps in terms of the facts and in the Law, nor
cause any enquiry thereof. The opposite parties get indulgence of such inaction
of the police authority concern of the Kasba Police Station, and therefore the
Opposite Parties, with his men and agents, trying themselves, time and again to
cause enormous disturbance at the schedule property.
15.
That
in given facts and circumstances, your petitioner is in much disturbance at the
schedule premises at the behest and instances of the opposite parties, who
deliberately and willfully cause the disturbance on his visit at the schedule
premises.
16.
That
the Opposite parties are creating and sustaining breach of peace at the
schedule premises by his unwanted, unauthorized, illegal purported and
perverted activities at the schedule premises, with the help of their men,
agents and associates 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 his 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 Kasba
Police Station to restrain the Opposite Parties and his men and agents
and associates, 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. as
described in the schedule, herein, 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 39, Sarada Pally, Police Station –
Kasba, Kolkata – 700039, District – South 24 Parganas.
VERIFICATION
I, Smt. Kanan Karmakar, Wife of Late Gourango
Karmakar, Daughter of Late Anil Chandra Karmakar, resident of premises being
no. 39, Sarada Pally, Police Station – Kasba, Kolkata – 700039, 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
…………………..2021, at Alipore, South 24 Parganas.
_____________________
Identified
by me,
Advocate.
Prepared in my office.
Advocate.
Dated :………………………2021.
Place : Alipore, South 24-Parganas.
