District
: South 24 Parganas
In the Court of the Learned Chief
Judicial Magistrate, at Alipore, South 24 Parganas
Complaint
Case No. of 2022
In
the matter of :
An
application under Section 156(3) Criminal Procedure Code’ 1973;
AND
In
the matter of :
Shri
Sujit Kumar Jana, Son of Late Hare Krishna Jana, aged about 58 years, residing
at Premises 2G-1203, Avidipta –I, Mukundapur, Kolkata – 700099, Mobile Number :
9830112135, Email : sujit62.jana@gmail.com
________Complainant
-
Versus –
Lake Police Station
1.
Shri Biswanath Dutta, Son of Late
Birendra Kishore Dutta, residing at Premises being no. 364, Jodhpur Park,
Kolkata – 700068, Mobile No. 9831014527, Email : biswanath_dutta@hotmail.com
2.
Smt. Manashi Dutta, Wife of Sri
Biswanath Dutta, residing at Premises being no. 364, Jodhpur Park, Kolkata –
700068.
____________Accused
Offence Committed to be Punishable
under Section 406, 420, 381, 341, & 120B, Indian Penal Code’ 1860;
The
humble petition of the above named Complainant, most respectfully;
Sheweth as under;
1.
That the Complainant is a peace loving
and law abiding Citizen of this Country. The Complainant is residing at the
address given in the cause title of this application.
2.
That the Complainant and his wife Smt.
Sonali Jana, take over a Company namely M/s. Squarem Electra Private Limited in
the year 1998, wherein your complainant and his wife became Director of the
Company. The Company carrying business of manufacturing of Computer,
electronic, Communication, and Scientific measuring & control equipment
with support services to organisations on rental and leasing of motor vehicles,
machinery, equipment, capital goods, etc, and allied services thereof.
3.
That in the year 2010, while company
acquired assignment regarding Industrial Automation Service, being more Scientific
issues involved therein, your Complainant came into contact with one Biswanath
Dutta, who allured your complainant that he have sufficient knowledge to run
and serve such assignment. Consequently he approached your complainant and his
wife Smt. Sonali Jana to introduce him and his wife Smt. Manashi Dutta, as a
Director in your Complainant’s company. Your complainant take him and his wife
as a Director in the Company for serving such specialized services to
organization on the basis of specified requisite remuneration. Since then, complainant
had good relation in running the said company.
4.
That as Pandemic spread at the
threshold on 15th day March’ 2020, company business stopped at such
behest of COVID-19. During such tenure of pandemic your complainant and his
wife Smt. Sonali Jana, tried to bear liabilities of company’s employee. But
Since the month of August’ 2021, the said Biswanath Dutta and his wife being
Director in the Company, started retrenchment of employee one by one, without
any reasonable cause, so far, and without consent of your complainant and/or
having any Board resolution in such regard, ever.
5.
That your Complainant tried several
occasion to talk with him regarding such unlawfulness, but he refused to have
any conversation with your complainant and his wife, on any square, so far.
Thus by ignoring the complainant and his wife Smt. Sonali Jana and violating
the terms of Law, he and his wife retrenched seven numbers of employee, who
were permanent and on regularized loyal employee.
6.
That the said Company M/s. Squarem
Electra Private Limited have Registered office of the Company at the rented
premises being no. 188/62, Prince Anwar
Shah Road, Kolkata – 700045, under Mr. Anjan Biswas, Land Lord, Since 1998, and
thus the Complainant have had several furniture, fixture stationary, etc.
sufficiently lying there as to accommodate the strength of Eleven Persons, so
far.
7.
It is pertinent to say that during the
tenure of Pandemic commencing from 15th day of March’ 2020, the
Complainant have forced to depend much on online working and resolution as the
Government asked to introduce work from home, and thus the work ability due to
stopped of organizations during tenure of COVID-19, reduced much and lost many
assignment and daily attainment of office has also been reduced. Such practices
continued, so far, to be in back as we were.
8.
On 16th day of July’ 2022,
while your Complainant visited his Office at about 11 am, shocked to see that the
office premises is under locked, then he made call to Biswanath Dutta, who did
not take his Call and thus Your Complainant did not get any answer regarding
Closure of Office premises. Therefore the Complainant contacted the Land Owner
Sri Anjan Biswas, who was not there at that time, though his family members and
Durwan acknowledge that a month ago Sri Biswanath Dutta has vacated the rented
premises against the substantial consideration money taken by him, and
furniture, fixture, and stationaries has already been taken by the said
Biswanath Dutta. The furniture, fixture, and stationaries are valued as of Rs.
12,00,000/- ( Rupees Twelve Lakhs ) only, approximately, which consists
Computer/Office Tables – 15 nos., Sitting Chairs – 20 nos., Almirahs – 2 nos.,
Wall mount Racks – 10 nos., Celling Fans & Wall Fans – 12 nos., Desk Top
Computers – 10 nos., Laptops – 6 nos., Printers – 2 nos., and others, so far Your
Complainant remembered.
9.
That the said Biswanath Dutta, also
took away the Books of Account, Cheque Books, Fixed Deposit Certificate,
Tenancy Agreement, and Petty Cash with necessary paper/document of statutory compliance
of the Company, etc.
10.
Therefore in the given facts the said
Biswanath Dutta with his wife Manashi Dutta, without consent and acknowledgment
left the rented premises against the substantial consideration money and took
away all belongings of the office premises, with Books of Account, Cheque
Books, and Petty Cash with necessary paper/document of statutory compliance of
the Company, etc.
11.
On 16th July’ 2020, Your
Complainant was shocked and depressed though visited the Lake Police Station to
acknowledge the facts and to lodge an FIR. The Police Officials suggested him
to submit a written complaint enumerating entire facts. Thereafter on reaching his
house, He was under much depression about losing his company and its property
at the behest of the said Biswanath Dutta and Manashi Dutta. However Your
Complainant gain himself which took few days.
12.
On 21st day of July’ 2022,
your Complainant lodge the written facts being complaint to the Lake Police
Station, which has been duly received and acknowledge by the Lake Police
Station though did not register as an FIR and did not cause any investigation
into the matter of complaint.
13.
On 29th day of July’ 2022,
your Complainant lodge such facts of inaction of the Lake Police Station to the
Deputy Commissioner of Police, Kolkata Police, South East Division, who duly
acknowledge the receipt but did not pursue to cause any direction on the Lake
Police Station for registration of FIR and investigation into the matter of
complaint of the complainant.
14.
That the present Complaint is against
Biswanath Dutta, Son of Late Birendra Kishore Dutta, residing at Premises being
no. 364, Jodhpur Park, Kolkata – 700068, and Smt. Manashi Dutta, Wife of Sri
Biswanath Dutta, residing at Premises being no. 364, Jodhpur Park, Kolkata – 700068,
for their Criminal breach of trust, misappropriation of substantial
consideration money taken in lieu of leaving the rented office premises, theft
of office belongings valued approximately as Rs. 12,00,000/-, with Fixed
Deposit Certificates and financial statutory documents of the company, etc.
having wrongful confinement under their conspiracy.
15.
That the accused person committed
offence punishable under Section 406, 420, 381, 341, & 120B, Indian Penal
Code’ 1860, and accordingly liable for punishment.
16.
That the cause of action is continuous
in nature, arises at first on 16th day of July’ 2022, while the
Complainant visited the office premises and found closed being left, and
subsequently on 21/07/2022, and 29/07/2022, while the Police did not lodge FIR
against the accused and did not investigate, even after in receipt of the
complaint given by the complainant. The complainant is still awaiting to have
an FIR and instigation against the accused. Such an inaction of Police indulge the
accused persons in their wrongful deeds and thereby depriving your Complainant
and his wife Smt. Sonali Jana. Such, illegal activities, and the offences
committed by the accused bring the company towards closure of its business at
the loss of its property including movable and immovable.
17.
That even after acknowledgment of
facts to the Police authority concern, the Police did not register any FIR and
did not cause any necessary investigation against the accused person. Such
Police inaction of the concerned Police authority given due indulgence to the
accused person to be continued in such acts and omission, violating the Law and
the rights of the complainant.
18.
That Your Complainant submit that unless there is an Order from
Your Honour directing the concerned Police Station to investigate into the
matter, Your Complainant will suffer irreparable loss and injury and will be
seriously prejudiced.
19.
That your petitioner is a victim of
the offences committed by the accused persons and also by the Police for inaction.
20.
That on the expiry of considerable
period, your petitioner realized that the Police will not cause any
investigation against the accused persons, as such the accused person is
moneyed man and influential, your petitioner came before the Learned Court to
get justice as to fair investigation in accordance with the Criminal Procedure
Code’ 1973.
21.
That your Petitioner crave leaves to
produce relevant documents and / or papers at the time of investigation.
22.
That the application is made bona fide and for the
interests of Justice.
Under the aforesaid circumstances, Your
Complainant most humbly pray that Your Honour may graciously be pleased to send
the petition in complaint to the Officer-in-Charge, Lake Police Station as per
provisions under Section 156(3) of the Code of Criminal Procedure’ 1973, for
causing investigation on treating the petition of complaint as First
Information Report and/or to pass such other further necessary Order/Orders as
Your Honour may deem, fit, and proper for the end of Justice.
And
for this act of kindness, Your Complainant as in duty bound shall ever pray.
Verification
I, Sujit Kumar Jana, being the
complainant herein named above, made this instant application under section 156
(3) of the Criminal Procedure Code’ 1973, and whereas the material facts and
circumstances as mentioned herein above in the forgoing paragraphs are true to
the knowledge and belief. I verified this instant application as on …….…the day
of August’ 2022, at the Alipore Criminal Court Premises.
Affidavit
I,
Shri Sujit Kumar Jana, Son of Late Hare Krishna Jana, aged about 58 years, by
faith Hindu, by Occupation Business, residing at Premises 2G-1203, Avidipta –I,
Mukundapur, Kolkata – 700099, District – South 24 Parganas, do hereby solemnly
affirm and says as follows :
1.
That
I am the complainant in the above referred application under Section 156 (3) of
Criminal Procedure Code’ 1973, and I am competent to swear this affidavit.
2.
That
I say that the Lake Police Station did not lodge any F.I.R. on this facts as
stated in my application under Section 156 (3 ) of Cr.P.C., and did not cause
any enquiry and or investigation into the matter of facts as stated in my
application under Section 156 (3 ) of
Cr.P.C.
3.
That
no case and or F.I.R. has ever been lodged and initiated on the facts and
allegations as made out by me in my application under Section 156 (3 ) of
Cr.P.C. by any Police Station in state of West Bengal, so far my knowledge is
concern.
4.
That
this is the first time and or occasion, when I approach the Learned Court to
get justice, on the facts and allegations as made out by me in my application
under Section 156 (3) of the Code of Criminal Procedure’ 1973.
5.
That
the statements made in the aforesaid application under Section 156 (3) of the
Code of Criminal Procedure’ 1973, are true to my knowledge and belief.
That the above
statements are true to my knowledge and belief.
Deponent
Identified
by me,
Advocate.
Prepared in my
Chamber,
Advocate.
Dated :
_______ _________________2022.
Place : Alipore
Criminal Court, South 24 Parganas.
N O T A R Y
VAKALATNAMA
District
: South 24 Parganas
In the Court of Learned Chief Judicial
Magistrate, at Alipore, South 24 Parganas.
Complaint
Case no……………..of 2022.
Shri Sujit Kumar Jana, ………..Complainant.
Versus
Shri
Biswanath Dutta, and another
….…Accused.
KNOW
ALL MEN by these presents that I / We Shri Sujit Kumar Jana, Son of Late
Hare Krishna Jana, aged about 58 years, residing at Premises 2G-1203, Avidipta
–I, Mukundapur, Kolkata – 700099,
do hereby constitute and appoint the under
mentioned Advocate, Pleader, Vakils, jointly and each of them severally to be
pleader of take such steps and proceedings as may be necessary on my / our
behalf and for that purpose to make sign, verify and present all necessary
petitions, plaints, written statements and other documents and do nominate and
appoint or retain senior counsels, vakil, advocates and other persons, lodge
and deposits moneys and documents and other papers in the Ld. Court and the
same again withdraw and to take out of Court and to obtain or grant as the case
may be effectual receipts and discharge for the same and for all moneys which
may be payable to me / us in the premises. To enter into compromise with my /
our approval and withdraw, all moneys from the court AND GENERALLY to act in the premises and proceedings arising
there out whether by way of execution, review, appeal, or otherwise or in any
manner contested there with as effectually and to all intents and purpose as I
/ We could act if personally present and such substitution and as pleasure to
revoke I / We hereby ratifying and agreeing to confirm whatever may be lawfully
done by virtue hereof.
In
witness whereof this Vakalatnama has been executed by me / us.
This
the …………………day of ………………2022
Shri
Apurba Mondal, Advocate. Mobile No. 9830212183.
Shri
Pritam Das, Advocate.
Shri
Biplab Some, Advocate.
Miss
Suchitra Chakraborty, Advocate.
District
: South 24 Parganas
In the Court of the Learned Chief
Judicial Magistrate, at Alipore, South 24 Parganas
Complaint
Case No. of 2022
In
the matter of :
Shri
Sujit Kumar Jana,
________Complainant
-
Versus –
Shri
Biswanath Dutta, and Another,
____________Accused
FIRISHTI
{Enclosure}
1. Complaint to
Lake Police Station dated 21st day of July’ 2022;
2. Complaint to
the Deputy Commissioner of Police, dated 29/07/2022;
3. Certificate of
incorporation, Memorandum and Article of Association of M/s. Squarem Electra
Private Limited;
4. Master Data of
Company obtained from MCA Website;
5. Financial
Statements of the Company, submitted with ROC, WB;
need more drafted application in criminal law
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