An application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023

 

In the Court of the Learned Additional Chief Judicial Magistrate,

Baruipur, South 24 Parganas

 

 

Complaint Case No.                 Of 2025

 

In the matter of ;

 

Akash Agarwal, Son of Sri Pawan Kumar Agarwal, Aged about 29 years, Director, M/s. Bhagwati Iron Centre Pvt. Ltd. Having its Registered Office: 191, School Road, Jagaddal, Kolkata – 700151, P.S. Sonarpur, District – South 24 Parganas, Mobile: 7278270313, Email: bhagwati.bicpl@gmail.com

                   _____Complainant

Police Station : Sonarpur

-      Versus –

 

(1)  Prabir Ranjan Mukherjee, Son of Late Pranab Ranjan Mukherjee, residing at premises being no. 908, Garia Government Colony, Kolkata – 700154, P.S. Naredrapur, District South 24 Parganas, Mobile : 6289608296, Email : mukherjeeprabir005@gmail.com

 

(2)  Mrs. Smriti Mukherjee,  Wife of Prabir Ranjan Mukherjee, residing at premises being no. 908, Garia Government Colony, Kolkata – 700154, P.S. Narendrapur, District South 24 Parganas, Mobile : 8017073266,

 

(3)  Ms. Preetha Mukherjee, Daughter of Prabir Ranjan Mukherjee, residing at premises being no. 908, Garia Government Colony, Kolkata – 700154, P.S. Narendrapur, District South 24 Parganas,

 

__________Accused

 

An application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023;

 

The humble petition of the above named Complainant, most respectfully;

Showeth as under;

 

1.   The Complainant is a peace loving and law abiding Citizen of India. The Complainant is carrying his business at the address given in the cause title of this application. The complainant is the Director of M/s. Bhagwati Iron Centre Pvt. Ltd., engaged in the business of iron and steel products.

 

2.   That the accused no. 1, Prabir Ranjan Mukherjee was appointed as a Sales Executive in the Complainant’s Company M/s. Bhagwati Iron Centre Private Limited, in the year 2023. His primary responsibilities were to collect orders from clients and follow up with them for payment. In the course of routine verification, the Complainant discovered discrepancies in collections from certain clients. Upon confrontation on 3rd July, 2025, Prabir voluntarily confessed that he had been misappropriating client payments and diverting them to his personal and family accounts. He further admitted in writing that he had fraudulently collected payments amounting to ₹6,50,500/- from multiple clients.

 

3.   That thereafter, in follow-up investigations conducted by the Complainant in between 5th July and 14th July, 2025, the Complainant discovered that the actual amount defrauded exceeds ₹35,00,000 (Rupees Thirty-Five Lakhs only). Prabir’s own statements, bank records (UCO Bank A/c No. 33680110030424 and Bandhan Bank A/c No. 50220004857623), and the Complainant’s reconciliations with clients confirm this extensive financial fraud.

 

4.   That when confronted, the accused no. 1, Prabir Ranjan Mukherjee pleaded for time, citing personal debts and suicidal tendencies. He promised to repay the money and submit all relevant bank statements, including those of his wife Mrs. Smriti Mukherjee and daughter Ms. Preetha Mukherjee, to whom some of the payments had allegedly been diverted. However, even after repeated assurances, he has failed to repay or disclose the full extent of misappropriated funds.

 

5.   That on 17th July, 2025, the Complainant visited his residence to request final settlement. He again sought more time but has since become untraceable and non-responsive. The Complainant now believe that he has no intention of returning the money and is attempting to escape legal liability by filing false counter-allegations.

 

6.   That Prabir’s actions constitute offences for, Criminal breach of trust by an agent, Cheating and dishonestly inducing delivery of property, Criminal breach of trust & Dishonest misappropriation of property, under Criminal Conspiracy of his Wife Mrs. Smriti Mukherjee, and Daughter Ms. Preetha Mukherjee.

 

7.   That on 28th July 2025, the Complainant submitted a detailed written complaint before the Officer-in-Charge, Sonarpur Police Station, disclosing commission of cognizable offences by the said Prabir Ranjan Mukherjee, in conspiracy with his wife Mrs. Smriti Mukherjee and daughter Ms. Preetha Mukherjee, involving cheating, criminal breach of trust, misappropriation of company funds exceeding ₹35,00,000/-, and criminal conspiracy.

 

8.   That along with the said complaint, the complainant furnished substantial material including (i) Written confessions of accused dated 03.07.2025 and 14.07.2025; (ii) Bank account details evidencing fraudulent diversion of client funds; (iii) List of defrauded clients; (iv) Offer to provide call recordings, CCTV footage, and employee witness statements.

 

9.   That despite such overwhelming evidence and disclosure of cognizable offences, the Officer-in-Charge, Sonarpur Police Station has failed to register an FIR till date, thereby acting contrary to the mandate of law.

 

10.                That thereafter, on 30th August 2025, the complainant submitted a representation before the Superintendent of Police, Baruipur Police District, with copies to the Additional Superintendent of Police, the Deputy Superintendent of Police, and also to the Officer-in-Charge, Sonarpur Police Station. However, even after such representation, no FIR has been registered.

 

11.                That the continued inaction of the concerned police authorities is causing grave prejudice to the complainant, as the accused persons are attempting to abscond, tamper with evidence, and dissipate the misappropriated funds.

 

12.                That in view of the provisions of Section 175(3) of the BNSS, 2023, the complainant is entitled to seek appropriate directions from this Learned Court for registration of FIR and investigation.

 

13.                That this application is made bonafide and in the interest of administration of Justice.

The petitioner, therefore, most humbly prays that Your Honour may be pleased to;

a) Direct the Officer-in-Charge, Sonarpur Police Station, to forthwith register an FIR on the basis of the complainant’s complaint dated 28.07.2025;

b) Direct for a prompt, fair, and impartial investigation into the offences committed by the accused persons;

c) Pass such further order or orders as Your Honour may deem fit and proper in the facts and circumstances of the present complaint.

And for this act of kindness, the petitioner as in duty bound shall ever pray.

 

Verification

 

I, Akash Agarwal, being the Complainant, acquainted and conversant with the material facts as stated in the foregoing paragraphs of this application. I verify and sign this application on 12^th day of September’ 2025

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit

 

I, Akash Agarwal, Son of Sri Pawan Kumar Agarwal, Aged about 29 years, by faith Hindu, by Occupation Business, working as Director of M/s. Bhagwati Iron Centre Pvt. Ltd. Having its Registered Office: 191, School Road, Jagaddal, Kolkata – 700151, P.S. Sonarpur, District – South 24 Parganas, do hereby solemnly affirm and says as follows;

 

1)    That I am the Complainant in the present application. I am acquainted and conversant with the material facts of the complaint. I am authorized to present this application for the Company M/s. Bhagwati Iron Centre Pvt. Limited by way of Board Resolution. I am competent to swear this affidavit.

 

2)    That I say that no FIR has been registered till the day presenting this application before the Learned Court, so far my knowledge concern.

 

3)    That the statements made in the paragraph no. 1, 2, 3, 4, & 5, are true to the best of my knowledge and belief and the rests are mu humble submissions before the Learned Court.

 

That the statements are true to my knowledge and belief.

 

 

 

 

DEPONDENT

Identified by me,

 

 

Advocate

 

Prepared in my Chamber;

 

 

Advocate

Date : 12^th day of September’ 2025;

Place : Baruipur Court, South 24 Pgs.

 

N O T A R Y