Protest Petition

 

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 :

1. 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.

 

2. 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.

 

3. 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.

 

4. 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.

 

5. 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.

 

6. 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.

 

7. 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.

 

8. 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.

 

9. 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.

 

10. 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.

 

11. 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.

 

12. 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.

 

13.  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.

 

14.  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.

 

15.  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.

 

16.  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.

 

17.  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.

 

18.  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.

 

19.  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.

 

20. 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.

 

21.  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.

 

22.  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.

 

23.  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 : 21^st 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 : 21^st day of June’ 2022

Place : Alipore Police Court.