In the Court
of the Learned 1st Executive Magistrate, Alipore, South 24 Parganas
M.P. Case No.
_________of 2025
In
the matter of ;
An application under Section 126 of the Bharatiya
Nagarik Suraksha Sanhita’ 2023; (Section 107 of the Code of Criminal Procedure’
1973);
AND
In the matter of ;
Smt. Shikha Chatterjee, Wife of Late Subir Chatterjee,
aged about 57 years, residing at Premises no. 128A, Satyen Roy Road, P.O. &
P.S. Behala, Kolkata - 700034, District – South 24 Parganas.
________Petitioner
Police Station : Behala
-
Versus –
(1) Smt. Sukla Chatterjee, Wife of Prabir Chatterjee,
residing at West Bengal State Electricity Board Quarter, Sonarpur Power House,
Sonarpur, Post Office R.K. Pally, Police Station – Sonarpur, Kolkata – 700150,
District South 24 Parganas.
(2) Malabika Chatterjee, Daughter of Prabir Chatterjee,
residing at West Bengal State Electricity Board Quarter, Sonarpur Power House,
Sonarpur, Post Office R.K. Pally, Police Station – Sonarpur, Kolkata – 700150,
District South 24 Parganas.
(3) Smt. Nilima Ganguly, Wife of Apurba Ganguly, residing
at Joka Diamond Park Housing Society, Kolkata – 700063, Police Station –
Thakurpukur, District – South 24 Parganas.
_______Opposite
Parties
The humble petition of the above named petitioner,
most respectfully;
Showeth as
under;
1.
That the
Petitioner is a peace loving and law abiding citizen of the country, residing
at the address given in the cause title of the application.
2.
That
the Petitioner is a Widower, whose husband Subir Chatterjee died in the year
2007, since then she used to reside at the given address in the cause title of
the application whith her two daughters namely (i) Tamalika Chatterjee, &
(ii) Sayanaika Chatterjee. The Petitioner is a House Wife, having no means of
any income, what so ever. The Petitioner’s Husband used to reside at the given
address as Premises no. 128A, Satyen Roy Road, P.O. & P.S.
Behala, Kolkata - 700034, District – South 24 Parganas, [hereinafter
referred to as the 'said Property'], which was originally belongs to her Father
in Law Late Kalika Prasad Chatterjee, who died in the year 1988.
3.
That
after demise of the said Kalika Prasad Chatterjee, and subsequently his Son
Subir Chatterjee, your petitioner used to stay at the said property with her
daughters without any hindrance and disturbances, so far.
4.
That Smt. Sukla Chatterjee, Wife of Prabir Chatterjee,
Daughter in Law of Late Kalika Prasad Chatterjee and Smt. Nilima
Ganguly, Wife of Apurba Ganguly, Daughter of Late Kalika Prasad Chatterjee, are
the Co-Sharers in the said property along with Avijit Chakraborty, grandson of
Late Kalika Prasad Chatterjee and the Petitioner, therefore, the four
co-sharers are in the said property, who are not staying in the said property,
since their marriage. The decade has been lapsed and the petitioner has take
care of the said property.
5.
That on
11/06/2025, the Opposite Parties associated with each other visited the said
property at about 11:30 am in noon, and asked to vacate the said property,
therefore your petitioner raised his voices to her rights to stay at the said
property as one of the co-sharer after demise of her husband. The Opposite
Parties used most filthy languages to the petitioner and tried to assault her
with fist and blows. On hearing hue and cry of your petitioner, vicinity people
came forward and intervened into the matter, the opposite parties leave the
said property with dire threat to your petitioner that they will come again on
27th day of June’ 2025, with so many associates of them to vacate
the premises on evicting your petitioner at the said property.
6. That the
Opposite Parties presently tried to disturbed the peaceful possession of the
schedule property of the petitioner by their quarrel and threats.
7. That the
Opposite Parties do not have any entitlement over the schedule property by way
any stretch of imagination. The Opposite Parties are presently engaged in continuous
disturbance, and thereby the Opposite Parties are trying to grab the property
of the Petitioner with the help of their anti-social men, associates and agents.
8. That such a
real cause raising much disturbance in the vicinity, and highly affected the
peace & tranquility at the locale.
9. That the
Petitioner lodged her complaint /information to the concerned Police Station at
Behala Police Station, which has been registered as a G.D. Entry no. 975, dated
11/06/2025. But the
Police Officials did not take any lawful recourse against the opposite parties.
Therefore
immediate preventive action is required to protect the life & property at
the vicinity.
10.
That
the Opposite Parties are not a persons of good moral character, acquiring their
nature of dangerous, which much disturbing in society more particularly at the
locale. The Opposite Parties are habitual persons in dealing unlawful
continuous disturbance at the locale.
11.
That
the cause of action arose on 11/06/2025, when the Opposite Parties forcibly
adopting unlawful recourses to grab the schedule property of your petitioner, which
is well within the premises under the Police Station- Behala, which lies in the
jurisdiction of this Learned Court.
12.
That
your Petitioner beg to state that finding no other alternative the petitioner
lodge this facts with the concern police station at Behala, with a request for
the appropriate legal recourses against the opposite parties and its associates
to prevail law and order at the locality.
13.
That
the Police did not take any effective steps in terms of the facts and in the
Law, nor cause any enquiry thereof. The opposite parties acquired indulgence of
such inaction of the police authority concern of the Behala Police Station, and
therefore the Opposite Parties, with their men, and agents, trying themselves,
time and again to cause enormous disturbance at the schedule property of your
petitioner.
14.
That
in given facts and circumstances, your petitioner is in much disturbance at the
schedule premises at the behest and instances of the opposite parties, who
deliberately and willfully cause the disturbance on their visit at the schedule
premises of the petitioner.
15.
That
the Opposite parties are creating and sustaining breach of peace at the
schedule premises by their unwanted, unauthorized, illegal purported and
perverted activities at the schedule premises, with the help of their men,
agents and anti-social associates thereof.
16.
That
the Opposite Parties are of dangerous in nature and much pretended to cause
disturbance and harassment to your petitioner.
17.
That
your Petitioner beg to state that the situation is very tensed and there is
every possibilities of serious breach of peace due to continuous illegal
intervention on the schedule property of the petitioner, thereof.
18.
That
the petitioner state and submit that the Opposite Parties are deliberately,
willfully, causes such acts and illegal deeds, breaching peace at the premises
of your petitioner, continuously, day by day, and did not stop such illegal
activities, even after reporting to the Police.
19.
That
your petitioner being frightened on seeing vulgar activities of the opposite
parties and their members as they are desperate and danger in nature, at any
moment a serious breach of peace may occur at the scheduled property, if the
opposite parties and their members are not restrained from their illegal and
unlawful activities.
20.
That
the situation is aggravated and tension mounted on your petitioner, have a
reasonable apprehension that a serious breach may take place any moment.
21.
That
the opposite parties are commonly intended to commit the breach of peace under
the locality and in a view to establish their wrongful demands and to harass
and hackle the petitioner in every manner.
22.
That
the Petitioner most humbly states that unless the Opposite Parties are bound
down with adequate sureties for keeping peace and good behavior, there is every
likelihood of breach of public peace and tranquility in the locality, putting
the life and property of the Petitioner and her family at grave risk.
23.
That
the Petitioner states that there is no other efficacious remedy available
except by filing the present petition before this Learned Court for taking
immediate preventive measures under Section 126 of the BNSS, 2023.
24.
That
this application is made in the interest of justice, equity, and public peace,
and if the Opposite Parties are not restrained by this Learned Court, the
situation may worsen and may lead to irreparable consequences.
25.
That
this application is made bonafide and in the interest of administration of
justice.
In
the circumstances, it is therefore prayed that your Honour would graciously be
pleased to;
a) Call for a report from the
Officer-in-Charge, Behala Police Station, on the basis of G.D. Entry No. 975
dated 11.06.2025;
b)
Issue notice upon the Opposite Parties to show cause as to why they should not
be directed to execute a bond with or without sureties for maintaining peace
and good behavior for a period as deemed fit by this Hon’ble Court;
c)
Pass an order under Section
126 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(corresponding to Section
107 of the Cr.P.C., 1973), thereby directing the Opposite
Parties to furnish security for keeping peace and to refrain from entering into
or disturbing the possession of the Petitioner in the scheduled premises;
d) 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, your Petitioner, as in duty bound shall ever pray.
SCHEDULE OF PROPERTY
ALL
THAT piece and parcel of Land & Building at the Premises no. 128A, Satyen Roy Road, P.O. & P.S. Behala, Kolkata -
700034, under
Ward no. 120 of the Kolkata Municipal
Corporation, Borough – XIII, District South 24 Parganas.
V E R I F I C
A T I O N
I,
Shikha Chatterjee, Wife of Late Subir Chatterjee, being the
Petitioner, in the present proceeding, I am Conversant and acquainted with the
material facts, therefore, I do hereby declare that the statements made in
Paragraphs 1 to _____ above are true to my knowledge and belief, and I sign and
verify this application, as on _________________2025, at Alipore, South 24
Parganas.
Signature
Identified by me,
Advocate.
AFFIDAVIT
I,
Smt. Shikha Chatterjee, Wife of Late Subir Chatterjee,
aged about 57 years, by faith Hindu, by Occupation Housewife, residing at
Premises no. 128A, Satyen Roy Road, P.O. & P.S. Behala, Kolkata - 700034,
District – South 24 Parganas, do hereby solemnly affirm and says as follows;
1. I am the Petitioner
in the present proceeding. I am conversant and acquainted with the material
facts. I am Competent to swear this affidavit.
2. That the
statement made in the paragraph no. 1 to ____, are true to my knowledge and
belief and the rests are my submissions before the Learned Court.
That
the above statements are true to the best of my knowledge and belief.
DEPONENT
Identified by me,
Advocate
Prepared
in my Chamber,
Advocate
Date
:_______________2025
Place
:Alipore, South 24 Parganas
N O T A R Y
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