An application under Section 144(2) of the Code of Criminal Procedure, 1973, (Corresponding to Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023) for prevention of breach of peace and disturbance of public tranquility

 

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 144(2) of the Code of Criminal Procedure, 1973, (Corresponding to Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023)
for prevention of breach of peace and disturbance of public tranquility;

 

-      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 –

 

 

Sri Tapan Seth, Son of Late Dibakar Seth, Residing at Village – Tegharia, Post Office – Ramkrishna Pally, Police Station – Narendrapur (formerly Sonarpur), Kolkata – 700150,
District – South 24 Parganas,
along with his associates.

          ________Opposite Parties

 

The humble petition of the petitioner above named most respectfully;

 

 

 

 

SHOWETH AS UNDER ;

 

1. That the petitioner is the absolute owner and peaceful possessor of the 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, situated at Narendrapur Station Road, under Rajpur Sonarpur Municipality, within the territorial jurisdiction of Narendrapur Police Station, District – South 24 Parganas.

 

2. That on 17th January, 2026, at about 11:30 A.M., the opposite party, namely Sri Tapan Seth, along with 6–7 unknown associates, came to the petitioner’s aforesaid property and attempted to engage labourers for digging earth and erecting fencing, with a clear and deliberate intention to illegally encroach upon and dispossess the petitioner from her lawful land.

 

3. That upon receiving information from neighbours, the petitioner immediately rushed to the spot and resisted such illegal acts. At that time, the opposite party and his associates attempted to forcibly enter the property and falsely claimed ownership over the land, without producing a single document in support of such claim.

 

4. That due to the hue and cry raised by the petitioner, local residents gathered at the spot, whereupon the opposite party and his associates left the place. However, while leaving, they openly threatened the petitioner that they would return with “full force” and forcibly take over the land.

 

5. That the said acts and threats have created serious apprehension of breach of peace, disturbance of public tranquillity and danger to the petitioner’s life and property. The conduct of the opposite party clearly indicates that there is an imminent likelihood of repetition of such unlawful acts.

 

6. That the dispute is not merely civil in nature, but has already taken a criminal colour, involving attempted forcible dispossession, criminal trespass and intimidation, and unless restrained immediately, the situation may lead to serious law and order problems in the locality.

 

7. That the petitioner has already lodged a written complaint before the Officer-in-Charge, Narendrapur Police Station, on 17.01.2026, but preventive intervention under Section 144 Cr.P.C. / Section 163 BNSS is urgently required to avert further escalation.

 

8. That this Hon’ble Court, being satisfied of the existence of sufficient grounds, is empowered under Section 144(2) Cr.P.C., 1973 (Section 163(2) BNSS, 2023) to pass appropriate prohibitory and preventive orders to maintain peace and protect lawful possession.

 

In the above facts and circumstances, the petitioner humbly prays that Your Honour may be pleased to;

 

(a) Initiate proceedings under Section 144(2) Cr.P.C., 1973 (corresponding to Section 163(2) BNSS, 2023);

 

(b) Pass a prohibitory order restraining the opposite party, namely Sri Tapan Seth and his associates, from entering upon, interfering with, or disturbing the petitioner’s peaceful possession of the aforesaid property described in the SCHEDULE;

 

(c) Direct the Officer-in-Charge, Narendrapur Police Station, to ensure strict compliance of the order and to provide necessary police protection 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.

 

SCHEDULE

 

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, situated at Narendrapur Station Road, under Rajpur Sonarpur Municipality, within the territorial jurisdiction of Narendrapur Police Station, District – South 24 Parganas.

 

 

 

 

 

 

 

 

 

 

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 19^th 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;

 

1. That I am the petitioner in the accompanying application under Section 144(2) of the Code of Criminal Procedure, 1973, corresponding to Section 163(2) 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.

 

2. 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.

 

3. 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 : 19^th day of January’ 2026

Place : Baruipur, South 24 Parganas

 

 

NOTARY