Petition for withdrawal of the Case / Criminal Case / Case

 

District : South 24 Parganas.

In the Court of the Learned Additional Chief Judicial Magistrate, at Alipore, South 24 Parganas.

 

Haridevpur Police Station Case no. 541 of 2013, dated 10-11-2013, under Section 384, 388, 500, 506(II), and 120B of the Indian Penal Code’ 1860.

 

In the matter of :

 

State of West Bengal

_________Complainant.

 

                                                          Shri Satya Narayan Gayen.
                                                                   _______Defacto Complainant.

 

-      Versus –

 

Shri R. Subramanian and others.

                             ____________Accused.

 

The humble petition of the above named Defacto Complainant Shri Satya Narayan Gayen, most respectfully;

Sheweth as under :

 

1.   That the present proceedings has been initiated at the written complaint of the Defacto Complainant, by the Haridevpur Police Station and registered as an FIR 541 of 2013, dated 10-11-2013, under Section 384, 388, 500, 506(II), and 120B of the Indian Penal Code’ 1860, against the alleged accused persons herein.

2.   That in the present proceedings, the Police Officer of the investigation prayed before the Learned Court for transfer of the proceedings to the Mumbai Court of competent jurisdiction as of the major part of cause of action has been occurred at the Mumbai, and a little cause of action under continuation has been occurred at Kolkata in the jurisdiction of the Haridevpur Police Station, and whereas such a prayer of Police has been rejected by the Learned Court.

 

3.   That your Petitioner states and submits that during this tenure of period the Complainant and accused persons seat together and resolved their issues of all disputes as alleged for in the present proceedings, amicably, with the intervention of their well wishers and friends.

 

4.   That your Petitioner states and submits that such alleged disputes has been resolved between the Complainant and of the accused persons, out of court.

 

5.   That in view of such facts, the Complainant herein does not want to proceed with the present proceedings and or above referred case matter against the accused persons.

 

6.   That further in view of such facts, the Complainant have no objection in the event the Learned Court discharge and or acquit the accused persons from the present proceedings and or from the above referred case matter.

 

7.   That your Petitioner states and submits that in view of the above referred facts, your petitioner seeks the withdrawal of the present proceedings and or above referred case matter.

 

8.   That your Petitioner states and submits that in view of the above referred facts, unless the Learned Court allow the withdrawal of the present proceedings and or above referred case matter, your petitioner will be highly prejudice and suffer with irreparable loss and injury.

 

9.   That this application is made bonafide in the interest of fair administration of justice.

 

It is therefore prayed that your Honour would graciously be pleased to allow this petition and to allow the withdrawal of the present proceedings against the accused persons and or to discharge and acquit the accused persons from the present proceedings and or from the above referred case matter, in the interest of administration of justice, 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, the Petitioner, as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

 

 

 

 

Verification

 

 

I, Shri Satya Narayan Gayen, being the Complainant, conversant with the material facts, made this petition and verified on _______day of September’ 2014, at Alipore Police Court.

 

 

 

 

 

( Satya Narayan Gayen )

 

Identified by me,

 

 

Advocate.

 

 

Prepared in my Chamber,

 

 

 

Advocate.

Date : ______ day of September’ 2014.

Place : Alipore Police Court.

 

 

 

 

 

 

AFFIDAVIT

 

I Shri Satya Narayan Gayen, Son of Shri Atul Chandra Gayen, aged about 50 years, by faith Hindu, by Occupation Service ( under Suspension ), residing at premises being no. D-403, Ganapati Enclave, 117-A, Santosh Roy Road, Police Station – Haridevpur, Kolkata – 700 008, District – South 24 Parganas, Do hereby solemnly affirm and says as follows :

 

1.   That I am competent to swear this affidavit.

 

2.   That I am Complainant in the present proceeding.

 

3.   That the statements in the forgoing paragraphs of my petition for withdrawal of the present proceedings, are true to my knowledge and belief.

 

4.   That the statements of my affirmations are true to my knowledge and belief.

 

 

Deponent

Identified by me,

 

Advocate.

Prepared in my Chamber,

 

 

 

Advocate.

Dated : _______day of September’ 2014.

Place : Alipore Police Court.

N O T A R Y