Before the
Learned Court of Executive Magistrate, Baruipur
District – South 24 Parganas
M.P. Case No.
of 2026
In the matter of;
An application
under Section 107 of the Code of Criminal Procedure, 1973, (Corresponding
to Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023)
for taking preventive action to maintain peace and public tranquillity;
-
AND
–
In the matter of;
Arpita Naskar,
Daughter of Shri Dulal Chandra Naskar, Aged about 29 years, Residing at Village
– Dakhin Chhayani Para, Tegharia, Post Office – Ramkrishna Pally, Police
Station – Narendrapur (formerly Sonarpur), Kolkata – 700150,
District – South 24 Parganas.
Mobile No.: 9002389521.
_________Petitioner
-
Versus
–
1. Kamal Guha,
Son of Late Lakshan Narayan Guha, Resident of Village – Tegharia, Narendrapur
Station Road, P.O. – Ramkrishna Pally,
P.S. – Narendrapur (formerly Sonarpur), Kolkata – 700150, District – South 24
Parganas.
2. Bimal Das,
Son of Late Gora Chand Das, Resident of Village – Tegharia, Narendrapur Station
Road, P.O. – Ramkrishna Pally,
P.S. – Narendrapur (formerly Sonarpur), Kolkata – 700150, District – South 24
Parganas.
________Opposite Parties
The humble petition of the petitioner above named most respectfully;
SHOWETH AS UNDER ;
1. That the petitioner is a
law-abiding citizen and is in peaceful possession of her immovable property
being ALL THAT piece and parcel of homestead land
measuring about 16 (sixteen) decimals, comprised in Mouza – Tegharia, J.L. No. 52, L.R. Dag No. 25, Khatian No. 5263,
within the jurisdiction of Narendrapur Police Station, District – South 24
Parganas.
2. That on 18.01.2026 at about 11:30 A.M., the opposite parties came
near the petitioner’s premises and openly threatened
that they would forcibly enter upon and take possession of the said property
with the help of musclemen, acting at the instance of one Tapan Seth, thereby creating a serious situation of fear
and panic.
3. That the opposite parties used abusive, filthy and provocative language, and upon
resistance by the petitioner, they became aggressive and attempted to assault her, thereby giving rise to an imminent danger of
breach of peace and disturbance of public tranquility.
4. That only due to the
intervention of local residents, who gathered at the spot upon hearing hue and
cry, the proposed opposite parties retreated; however, they left the place issuing further threats that they would return and
forcibly take possession of the petitioner’s property.
5. That the conduct, behavior and
repeated threats of the opposite parties clearly indicate that they are determined to commit acts leading to breach of peace, and
there exists a grave and imminent apprehension
of violence, disturbance of public order and danger to the life and property of
the petitioner.
6. That immediately after the
occurrence dated 18.01.2026, the
petitioner duly lodged a detailed complaint
narrating the aforesaid facts before the Officer-in-Charge, Narendrapur
Police Station, on the same date vide email, and subsequently sent the said complaint by post, seeking police intervention and preventive
action.
7. That despite receipt of the
said complaint, the Narendrapur Police Station failed
and neglected to conduct any enquiry, take preventive steps or initiate action
in accordance with law. Such inaction and indifference on the
part of the police authorities has emboldened and given undue
indulgence to the proposed opposite parties, thereby aggravating the apprehension of breach of peace and
increasing the imminent threat to the petitioner’s life and property.
8. That owing to the continued
threats of the proposed opposite parties and the absence of any preventive
action by the police authorities, the petitioner is left with no alternative efficacious remedy but to invoke the preventive jurisdiction of this Hon’ble Court under Section 107 Cr.P.C.,
1973 (corresponding to Section 126 BNSS, 2023) for securing
peace and public tranquility.
9. That unless the opposite
parties are restrained by appropriate preventive orders and directed to execute
bonds for keeping peace, they are likely to carry out their threats at any
moment.
10.
That this Hon’ble Court, being
satisfied
that the proposed opposite party is likely to commit a breach of the peace or
disturb the public tranquillity, is empowered to require them to show cause and to execute a bond with or without sureties
for keeping the peace for such period as deemed fit.
11.
That
the present application is bona fide and made in the interest of justice,
public tranquility and prevention of cognizable offences.
In the above facts
and circumstances, the petitioner humbly prays that Your Honour may be pleased
to;
(a)
Take cognizance of the present application
and initiate proceedings under Section 107 of the Code of
Criminal Procedure, 1973 (corresponding to Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023);
(b)
Call upon the proposed opposite parties,
namely Kamal Guha & Bimal Das, to show cause as to
why they should not be ordered to execute a bond with or without sureties for
keeping peace and maintaining good behaviour;
(c)
Direct the Officer-in-Charge, Narendrapur Police
Station, to submit a report and to take all necessary steps to
prevent breach of peace;
(d) Pass any other or further order as may
be deemed fit and proper in the interest of justice.
And
for this act of kindness, the petitioner as in duty bound shall ever pray.
VERIFICATION
I, Arpita Naskar, Daughter of Shri Dulal Chandra Naskar, aged
about 29 years, residing at Village – Dakhin Chhayani Para, Tegharia, Post
Office – Ramkrishna Pally, Police Station – Narendrapur (formerly Sonarpur),
Kolkata – 700150, District – South 24 Parganas, do hereby verify that the
statements made in paragraphs 1 to 8
of the foregoing application are true to my knowledge and belief,
and that I have not suppressed any material fact.
Verified
at Baruipur,
District – South 24 Parganas,
on this 19th day of January,
2026.
Deponent
(Arpita Naskar)
AFFIDAVIT
I,
Arpita Naskar, Daughter of Shri
Dulal Chandra Naskar, aged about 29 years, by religion Hindu, by occupation Business,
residing at Village – Dakhin Chhayani Para, Tegharia, Post Office – Ramkrishna
Pally, Police Station – Narendrapur (formerly Sonarpur), Kolkata – 700150,
District – South 24 Parganas, do hereby solemnly affirm and state as follows;
- That I am the petitioner
in the accompanying application under Section 107 of the Code of Criminal Procedure, 1973,
corresponding to Section 126 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, and as such I am well
acquainted with the facts and circumstances of the case and competent to
swear this affidavit.
- That the statements made in paragraphs 1 to 8
of the accompanying application are true to my knowledge, derived from records and personal
experience, and I believe the same to be true.
- That this affidavit is sworn
to affirm the truthfulness of the statements made in the accompanying
application and for obtaining appropriate preventive reliefs from this
Hon’ble Court.
DEPONENT
(Arpita Naskar)
Identified by me,
Advocate
Prepared
in my chamber,
Advocate
Date
: 19th day of January’ 2026
Place
: Baruipur, South 24 Parganas
NOTARY
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