Wednesday, May 17, 2023

Petition for copy of Annexure in a proceeding under Section 125 Criminal Procedure Code

 

District : Howrah.

In the Court of the Learned Additional Chief Judicial Magistrate, at Uluberia, Howrah. Orisha Trunk Rd, Sizberia, Kalibari, Uluberia, Howrah, West Bengal 711315.

 

                                                          Misc. Case no. 359 of 2022

 

                                                          In the matter of :

Smt. Tithi De Adhikary, Wife of Sri Arnab De, and Daughter of Sri Somnath Adhikary, residing at Village – East Burikhali, Post Office – Burikhali, Police Station – Bauria, District – Howrah - 711310,

                                                                             _________Petitioner.

-      Versus –

 

Sri Arnab De, Son of Sri Apurba Kumar De, residing at B1/4 003, Peerless Prantik Housing Complex, Sonarpur, Police Station – Narendrapur, District – South 24 Parganas, Kolkata – 700150,

___________Opposite Party.

 

Petition for copy of annexure being stated in paragraph number 23 of the petition under Section 125 Cr.P.C.

 

The humble petition on behalf of the Opposite Party  Shri Arnab De, most respectfully;

 

 

Sheweth as under :

 

1.           That the petition under objection is stating in paragraph number 23, about Annexures, but the same has not been served on this opposite party, by the petitioner.

 

2.           This opposite party is not in receipt of any annexure as talked about in her paragraph number 23 of the petition under objection and therefore not able to put forward any comment so far in absence of any annexure of the petitioner. This opposite party seeks to get a copy of those annexure, which has ever been given with the petition under objection before the Learned Court as to enable this opposite party to answer appropriately on those annexure in the interest of administration of Justice. If not given or provide to this opposite party, the same cannot be taken for consideration in the interest of administration of Justice.

 

3.           That unless a copy of the said Annexure as stated in paragraph number 23 of the petition under objection be given to this opposite party, this opposite party will highly prejudice and suffer with irreparable loss and injury, thereof.

 

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

 

  1. That the present 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 application and to direct the Petitioner herein, to give a copy of Annexure as stated in paragraph number 23 of her petition under Section 125 Cr.P.C. as well as her interim application, to this 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, 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 18th day of May’ 2023, at Court premises.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit

 

I, Sri Arnab De, Son of Sri Apurba Kumar De, aged about 42 years, by faith Hindu, by Occupation Service, residing at B1/4 003, Peerless Prantik Housing Complex, Sonarpur, Police Station – Narendrapur, District – South 24 Parganas, Kolkata – 700150, West Bengal, do hereby solemnly declare and affirm as follows :

 

  1. That I am Opposite Party, herein in the present proceeding, before the Learned Court. I am competent to swear this affidavit.
  2. That I am conversant and acquainted with the material facts as stated in the foregoing paragraphs of my Petition for copy of annexures.
  3. That the statements as made by me in the foregoing paragraphs in the petition are true to the best of my knowledge and belief.
  4. That all the above statements are true to the best of my knowledge and belief.

 

 

 

 

DEPONENT

Identified by me,

 

Advocate.

Prepared in my Chamber,

 

Advocate

Date : 18th day of May, 2023.

Place : Uluberia Court Premises,

NOTARY

 

 

 

 

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