IN THE LEARNED COURT OF THE 7TH
METROPOLITAN MAGISTRATE, AT CALCUTTA
Case
No. CS/81411/2024
In
the matter of;
Mahindra
& Mahindra Financial Services Limited.
........... Complainant
-Vs-
Hasna
Bewa, C/o. Janaruddin
..... Opposite Party
Application under section 228 of Bharatiya
Nagarik Suraksha Sanhita’ 2023;
The
humble petition of accused Hasna Bewa, C/o. Janaruddin.
Most
respectfully Sheweth as under ;
1.
That the petitioner
is a Law abiding citizen of India and an old aged widow lady, suffering from
the different old aged ailment. As such it will cause great inconvenience and
extreme hardship to the petitioner to appear in person before this Learned
Court on each and every date fixed in the present case, before the Learned
Court.
2.
That it is further
submitted that this Learned while issuing summons against the accused
/petitioner in the present case matter, as is manifested from the very writ of
summons, has already dispensed with his personal appearance and extended her
the discretion to either appear in person or by her pleader and in due
obedience to the said summon, the petitioner hereby begs to appear through his
pleader.
3.
That That on the
above stated backdrop your petitioner respectfully intends to appear through
her Learned Advocate Madhusudan Sardar and be represented through he Learned
Advocate under Section 228 of Bharatiya Nagarik Suraksha Sanhita’ 2023, and the
said Learned Advocate Madhusudan Sardar has also agreed to appear on behalf of
the Petitioner and to represent the petitioner accordingly, on each and every
date fixed in the present case matter before the Learned Court.
4.
That the petitioner
candidly and unequivocally states that she shall not raise any objection if the
proceeding proceeds in her absence but in presence of her said representing
Learned Advocate and also shall not challenge her identification as the
particular accused at any stage of the proceeding.
5.
That the Petitioner
states that the present case being purely based on papers and documents is a
fit and appropriate case, as has been solemnly voiced by the Hon’ble Courts
including the Hon’ble High Court at Calcutta time and again, where your Honour
may allow the petitioner to appear through her representing Learned Advocate
and exempt her personal appearance under Section 228 of Bharatiya Nagarik
Suraksha Sanhita’ 2023 (old Section 205 Cr.P.C.).
6.
That the accused
person submits that she has got no objection if evidence is taken in her
absence but in presence of her Learned advocate and further submits that she
will appear before this Learned Court, as and when called for.
7.
The case has been
commenced malafide and the petitioner has falsely implicated herein.
8.
That the petitioner
is not challenging her identity and as such her presence in the Learned Court
is not necessary for the purpose of identification.
9.
That the petitioner
undertakes to appear personally before the Learned Court whenever specifically
directed in this regard. The petitioner further undertakes that she shall not
raise any objection to the recording of the evidence of the witness in her
absence.
10.
That the accusations
not being of moral turpitude the presence of the petitioner in the Learned Court
ought to be dispensed with.
11.
That the petitioner
states that her absence from the Learned Court is not likely to prejudice the
complainant, nor is her personal attendance necessary in the interest of
justice.
12.
That in the above
circumstances, the petitioner most humbly submits and prays that she may be
exempted from appearing under section 228 of Bharatiya Nagarik Suraksha
Sanhita’ 2023, on her representation through her Learned Advocate Madhusudan
Sardar, for the day and on all subsequent dates and your petitioner is
authorizing her said Learned Advocate to act on her behalf and the act/acts to
be done by the Learned Advocate shall be binding on the petitioner, during the
continuation of the case proceeding before the Learned Court.
13.
That unless orders as
hereinafter prayed for are granted, the petitioner shall be put to extreme
harassment, loss and injury.
It is therefore prayed that your
Honour would be graciously pleased to dispense with the personal attendance of
the petitioner and further pleased to allow your petitioner to be represented
under section 228 of Bharatiya Nagarik Suraksha Sanhita’ 2023, by Madhusudan
Sardar, Advocate for the day and all subsequent dates and passed any other 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.
Affidavit
I,
HasnaBewa, Wife of Late
JanaruddinSeikh, aged about 52 years, by faith Muslim, by Occupation Business,
residing at premises being Village – Ustia, Post Office – Muktinagar, Police
Station – Berahampore, District – Murshidabad, Pin – 742102, West Bengal,
do hereby solemnly affirm and says as follows ;
1.
That I am the alleged
accused person in the present Criminal Proceeding before the Learned Court. I
am conversant and acquainted with the material facts as stated in the foregoing
paragraph of my application under Section 228 of Bharatiya Nagarik Suraksha
Sanhita’ 2023, and I am Competent to Swear this affidavit.
2.
That the content of
paragraph no. 1 to 9, 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 : 3rd day of
September’ 2024;
Place : Bankshall Court, Kolkata
N
O T A R Y
No comments:
Post a Comment