District : South 24 Parganas.
In the Court of the Learned
Additional Chief Judicial Magistrate, at Alipore, South 24 Parganas. Ref. : Netaji
Nagar Police Station Case no. 469 of 2019, dated 25-12-2019.
{ Under
Section 341,323,506,509,354, and 114 of the Indian Penal Code’ 1860 }
In the
matter of :
State
of West Bengal.
_____________Complainant.
Manicklata
Khamaru.
_____Defacto
Complainant.
-
Versus –
NARAZI PETITION
Rupam Dasgupta,
and others.
______________Accused.
The
humble petition of the above named Defacto Complainant Manicklata Khamaru, most
respectfully;
Sheweth as under :
- That
in the above referred case matter, investigating Agency, submitted its
report in Final form. The defacto complainant does not agree with the
Final report, since there has been no investigation by the investigating
agency, in the alleged offence. The Investigating Officer has submitted
final report in cahoot with the alleged accused person. The same has been
submitted only through desk work and upon being influenced by the accused
person who have strong connection with the ruling political party.
- Under
the Code ‘investigation‟ consists,
generally, of the following steps: (1) Proceeding to the spot, (2)
Ascertainment of the facts and circumstances of the case, (3) Discovery
and arrest of the suspected offender, (4) Collection of evidence relating
to the commission of the offence, which may consist of (a) the examination
of various persons (including the accused) and the reduction of their
statements into writing, if the officer thinks fit, (b) the search of
places or seizure of things considered necessary for the ‘investigation’
and to be produced at the trial, and (5) information of the opinion as to
whether, on the material collected, there is a case to place the accused
before a Magistrate for trial and
if so, taking the necessary steps for the same by the filing of charge-sheet
under Section 173, of the code.
- That
one Complaint has been lodged by Manicklata Khamaru, Wife of Late Surya
Khamaru, against the accused persons named therein, for their alleged
offences committed to be punishable under Section 341, 323, 506, 509, 354,
& 114 of the Indian Penal Code’ 1860, with the Netaji Nagar Police
Station, which has been registered as FIR no. 469 of 2019, dated 25-12-2019.
- That
the defacto complainant / petitioner states that the said Final Report has
never been communicated to the defacto complainant by the I.O. concern in
any manner, whatsoever, the defacto complainant came to know about the
said Final Report, while she appeared before the Learned Court, on the
said occasions. The said final report has been submitted by the I.O., on
the said occasions, the defacto complainant placed her one petition
praying therein for time to place her NARAZI Petition against such Final
Report, and whereas the Learned Court was pleased to allow such prayer of
the defacto complainant.
- That
the defacto complainant / petitioner furnished hereunder the facts and
true story related to her complaint and or reproduced her contents of the
petition of complaint, which has been made before the Learned Court, once
again, as the accused persons jointly visited the premises and confined
forcibly the defacto and her daughter upon several threats and assaulted
and also outraged the modesty of the defacto and her daughter and used
most abusive languages with their conscious and intent to insult the
defacto and her daughter in pursuance to compelled them to evict the
premises as to gran the property influencing their political phenomena.
- That
the defacto Complainant being old aged lady and her daughter were helpless
as no male member in their support was in the said house. However, the
defacto complainant lodge the facts with the Netaji Nagar Police Station,
which consequently registered as an FIR no. 469 of 2019.
- That
the accused persons are influential politically involved persons at the
vicinity of the said house where they entered forcibly in their pursuance
to grab the property for their wrongful gain. The accused persons repeated
their deeds and harassed the said old aged lady and her daughter following
their acts of battery & assault following outraged modesty on them.
- That
even after the Netaji Nagar Police Station registered such fact as an FIR
did not cause any investigation in the field and by doing the desk work
submitted the report in final form before this Learned Court.
- That the defacto complainant states
and submits that a fair investigation would include a complete
investigation. A complete investigation would mean an investigation, which
looks into all aspects of an accusation, be it in favour of the accused or
against him. Article 21, undoubtedly, would mean that every victim of
offence has the right to demand a fair trial meaning thereby that him or
he has the right to demand the state discharge its constitutional
obligation to conduct a fair investigation that the investigation
culminates into fair trial.
- That the defacto complainant
states and submits that the alleged accused persons with their political
back ground with ruling political party have been successful in
influencing the police authority to submit final report although there are
sufficient ground of ranshacking the house of the defacto complainant and
physical assault inflicted and outraged modesty on Women. Even after the
brutality of assault, outraged modesty, and damage caused to the house of
the defacto complainant her daughter namely Miss Suchitra Khamaru has been
killed.
- That the defacto complainant
states and submits that she is staying and residing lawfully; but the
accused persons in association with their men and agents are trying to
grab the property of the defacto complainant, the defacto complainant have
already lodged complaint with police authority for other subsequent
incidents.
- That the defacto complainant
states and submits that the investigating officer was not acting
impartially and in-obedience to law is clear from the fact which has been
brought up in this application, before the Learned Court.
- That the defacto complainant states and
submits that It is, therefore, necessary for the
Learned Court to determine as the facts brought on record necessitated
direction for re-investigation or further investigation.
- That the defacto
complainant states and submits that the present case is not a
simple case of lapses committed by the investigating officer; rather, the
accusations are of manipulation of investigation.
- That the defacto
complainant states and submits that if an investigating
officer is not faithful, honest or truthful, while recording the statement
of witnesses, and conducting investigation in all aspects, then, such an investigation
cannot give rise to a fair Investigation, which culminates to a
fair trial.
- That the defacto
complainant states and submits that the present application, clearly
reveal that there are, at least, the contents and story which established
mala fide and illegal investigation by the investigating officer.
- That the defacto
complainant states and submits that these facts are not mere
lapses or ignorance in conducting investigation; rather, these
facts make out a case of foul play and deliberate manipulation of
investigation and suppression of material facts, by the investigating
officer.
- That the defacto
complainant states and submits that since the present case is a
clear case of unfair investigation, it could have been rectified by
further investigation as well as by re-investigation. When further
investigation is possible, re-investigation shall not be
directed.
- That the defacto
complainant states and submits that the above admitted facts,
as indicated above, clearly made out a clear case of unfair and manipulated
investigation, by the investigating officer of this case.
- That the defacto complainant
states and submits that the present I.O. submitted the Final Report in
such a manner, so that he can save the accused persons from the punishment
for the offences committed to be punishable under Section 341, 323, 506,
509, 354, & 114, of the Indian Penal Code’ 1860.
- That the defacto complainant state and
submits that in the facts and circumstances, petitioner’s seeking
re-investigation and or fresh investigation of the above referred case
matter, by the Joint Commissioner of Police, ( Crime ) Detective
Department, of the Kolkata Police, and or by the Additional Director and
Inspector General of Police, C.I.D.,
West Bengal, in the interest
of administration of justice.
- That the defacto complainant state and submits that unless the
re-investigation directed by the Learned Court in the above referred case
matter, the Petitioner will be highly prejudice to get faire justice and
suffer with highly irreparable loss and injury.
- That this application is made bonafide in
the interest of administration of justice.
In the
above mentioned facts and circumstances, it is prays that your Honour would be
graciously pleased to as the following order or orders :
a)
To
allow this application of the defacto complainant, in the interest of fair
administration of justice; and or ;
b)
to
direct the re-investigation of the above referred Case being Netaji Nagar
Police Station Case no. 469 of 2019, by the higher rank Police Officer as the
Joint Commissioner of Police, ( Crime ) Detective Department, of the Kolkata
Police, and or by the Additional Director and Inspector General of Police,
C.I.D., West Bengal; and or,
c)
to
direct the further or fresh investigation of the above referred Case being Netaji Nagar Police Station case no. 469 of
2019, by the higher rank Police Officer, as the Joint Commissioner of Police, (
Crime ) Detective Department, of the Kolkata Police, and or by the Additional
Director and Inspector General of Police, C.I.D., West Bengal;
d)
and / or to pass such other necessary
order or orders or further 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, Manicklata Khamaru, Wife of Late Surya Khamaru, aged about _______years, by
faith Hindu, by Occupation House Wife, residing at A/1/9, Ramgarh Colony, Post
Office - Naktala, Police Station – Netaji Nagar, Kolkata – 700047, District –
South 24-Parganas, hereby declare that the particulars furnished above are true
to the best of my knowledge. I duly verify this application as on the
_________day of _________2022, at the Alipore Criminal Court.
Manicklata Khamaru.
Identified by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : 21st day of
June’ 2022.
Place : Alipore Criminal Court.
Affidavit
I, Manicklata Khamaru, Wife of
Late Surya Khamaru, aged about _______years, by faith Hindu, by Occupation House
Wife, residing at A/1/9, Ramgarh Colony, Post Office - Naktala, Police Station
– Netaji Nagar, Kolkata – 700047, District – South 24-Parganas, do hereby
declare and says as follows :
1.
That I am the defacto complainant in
the present criminal proceeding, before the Learned Court. I am well conversant
and acquainted with the material facts stated in the foregoing paragraphs of my
protest application.
2.
That I am competent to swear this
affidavit. The contents and purports has been read over in Bengali Languages to
my understanding by my Learned advocate, and therefore on such clear
understanding the present application under my instructions has been drafted
and prepared by my Learned Advocate.
3.
That the paragraph numbers _______to
________, are true to my knowledge and belief and the rests are my humble
submissions before the Learned Court.
That
the above statements are true to my knowledge and belief.
DEPONENT
Identified
by me,
Advocate
Prepared
in my Chamber,
Advocate
Date :
21st day of June’ 2022
Place :
Alipore Police Court.
