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