Application under Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023

 

IN THE COURT OF THE LEARNED             JUDICIAL MAGISTRATE AT CALCUTTA, BANKSHALL COURT

 

M.P. No. ________of 2026

 

                                                          In the matter of;

Application under Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023;

 

AND

 

In the matter of;

M/s. GSA Surgical & Medicines Private Limited, a Company incorporated under the provisions of the Companies Act, having its Registered Office at Room No.111, Block "F", First Floor, Eastern Portion of Premises No.55, Biplab Rash Behari Basu Road (formerly Canning Street), Mehta Building, Police Station – Hare Street, Kolkata – 700001, represented by its Authorised Signatory Sri _______________, Son of _______________, aged about _____years, residing at ______________, Mobile Number ______________, Email: _______________________________.

                             _____Petitioner

-      Versus –

 

M/s. Kanji Shavji Parekh (Calcutta) Pvt. Ltd., Premises No. 55, B.R.B. Basu Road (formerly Canning Street), Mehta Building, Block “H”, 1st Floor
Kolkata – 700001.

Email: kanjimodi123@gmail.com
Mobile: 9830732302 / 9830044491,

represented through its Director Mr. Jignesh Modi,

                   _____Opposite Party

 

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

 

SHOWETH AS UNDER:

 

1.   That the Petitioner is the lawful owner/landlord of the premises situated at Room No.111, Block "F", First Floor of the eastern portion of Premises No.55, Biplab Rash Behari Basu Road (formerly Canning Street), Mehta Building, Kolkata – 700001.

 

2.   That Kanji Shavji Parekh (Calcutta) Pvt. Ltd., represented through its Director Mr. Jignesh Modi, is a tenant under the Petitioner in respect of office accommodation being Premises No. 55, B.R.B. Basu Road (formerly Canning Street)
Mehta Building, Block “H”, 1st Floor, Kolkata – 700001
situated within the said premises.

 

3.   That the tenancy was originally created exclusively for commercial office purposes. No attached bathroom, toilet or exclusive sanitary accommodation formed part of the tenancy. The building has common sanitary facilities available for use by its occupants.

 

4.   That the Petitioner has recently discovered that the aforesaid tenant has illegally and clandestinely carried out unauthorized structural alterations by converting a portion of the office premises into a bathroom/toilet through permanent civil construction, installation of plumbing lines, drainage facilities, sanitary fittings, pipelines and other permanent fixtures without obtaining (a) the prior written consent of the Petitioner as landlord; (b) any sanction, licence or approval from the Kolkata Municipal Corporation; or (c) any permission from any competent statutory authority.

 

5.   That the aforesaid unauthorized construction has materially altered the nature, character and structural configuration of the tenanted premises and has been undertaken in complete disregard of the applicable provisions of law.

 

6.   That after illegally constructing the said bathroom, the proposed Opposite Party persons have repeatedly issued false and misleading communications alleging that the Petitioner has intentionally disconnected the water supply to the alleged attached bathroom, despite the fact that no such bathroom ever formed part of the original tenancy.

 

7.   That the Petitioner had already replied to the letters dated 21.04.2026, 23.04.2026 and 25.04.2026 through a detailed reply dated 30.04.2026, specifically denying every allegation and placing the true factual position on record.

 

8.   That notwithstanding the said reply, the proposed Opposite Party persons have again issued another communication dated 12.05.2026 reiterating the same false allegations with the apparent object of creating false evidence, exerting unlawful pressure upon the Petitioner and attempting to convert their own illegal acts into an alleged legal grievance.

 

9.   That the conduct of the proposed Opposite Party persons is deliberate, dishonest and calculated to continue the unauthorized construction, to mislead public authorities and to interfere with the lawful proprietary rights of the Petitioner.

 

10.                That the Petitioner reasonably apprehends that unless immediate police intervention is made, the proposed Opposite Party persons may further alter the premises, tamper with evidence, destroy material evidence, continue illegal construction and create law and order problems within the building.

 

11.                That the acts of the proposed Opposite Party persons are not merely contractual disputes arising out of a tenancy but constitute deliberate and systematic acts of illegality involving unauthorized structural alteration of immovable property, wrongful installation of permanent sanitary infrastructure, unauthorized diversion of water and drainage facilities, and continuous attempts to legitimize such illegal construction by creating false documentary evidence. Such conduct prima facie discloses the commission of cognizable offences warranting immediate investigation by the police.

 

12.                That despite repeated objections raised by the Petitioner and despite the detailed reply dated 30.04.2026 exposing the falsity of the allegations made by the proposed Opposite Party persons, they have persisted in their unlawful activities and have consciously attempted to misrepresent the factual position by repeatedly alleging that the Petitioner disconnected water supply to a bathroom which never existed as part of the original tenancy. Such repeated false representations are calculated to mislead statutory authorities and to create a false record for future legal proceedings.

 

13.                That the unauthorized construction of a permanent bathroom and toilet inside a commercial office accommodation has been undertaken clandestinely and in complete violation of the applicable municipal laws, building regulations and statutory requirements governing structural alterations within the jurisdiction of the Kolkata Municipal Corporation. The said construction has materially affected the original nature, identity and structural configuration of the tenanted premises and has also exposed the building to serious structural, hygienic and safety concerns.

 

14.                That the permanent installation of concealed plumbing lines, drainage pipes, sanitary fittings, water supply connections and other civil structures necessarily involved extensive structural modification of the tenanted premises. Such alterations could never have been carried out without substantial construction work, and the same has been undertaken without obtaining any approval from the competent municipal authority or the consent of the Petitioner, thereby constituting an illegal and unauthorized act deserving immediate criminal investigation.

 

15.                That the conduct of the proposed Opposite Party persons further indicates a deliberate intention to create an artificial cause of action by first carrying out unauthorized construction and thereafter falsely alleging denial of water supply so as to shift the focus away from their own illegal activities. Such conduct amounts to a calculated abuse of the process of law and demonstrates a dishonest intention to obtain an unlawful advantage over the lawful owner of the property.

 

16.                That there exists a genuine and reasonable apprehension that unless immediate investigation is directed, the proposed Opposite Party persons may further alter the premises, remove or replace the illegal constructions, destroy or conceal material evidence, tamper with plumbing installations, fabricate additional documents, influence witnesses, and thereby frustrate a fair and effective investigation. Delay in initiating investigation would irretrievably prejudice the Petitioner and may permanently destroy valuable evidence relating to the unauthorized construction.

 

17.                That the Petitioner submits that the nature of the offences is such that collection and preservation of physical evidence assumes paramount importance. Immediate inspection of the premises by the investigating agency, preparation of a site inspection report, photographing and videographing the unauthorized structures, measurement of the altered portions, examination of plumbing and drainage installations, collection of municipal records and identification of persons responsible for carrying out the illegal construction are all essential for an effective investigation.

 

18.                That the Petitioner further submits that unless the police are directed to register and investigate the matter forthwith, the proposed Opposite Party persons may continue to derive unlawful benefit from their own illegal acts, thereby encouraging further violations of law and seriously prejudicing the proprietary, possessory and legal rights of the Petitioner. Judicial intervention at this stage is therefore absolutely necessary in the interest of justice.

 

19.                That the Petitioner has already approached the jurisdictional police authorities by submitting a detailed written complaint requesting registration of a criminal case and immediate police action against the proposed Opposite Party persons. However, despite disclosure of facts constituting cognizable offences and despite the urgency of the matter, no effective action has been taken by the police authorities till date, thereby compelling the Petitioner to invoke the jurisdiction of this Hon'ble Court under Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

 

20.                That the cause of action is continuous in nature inasmuch as the unauthorized construction continues to exist, the illegal structural alterations remain intact, false allegations continue to be made by the proposed Opposite Party persons, and the threat of further illegal construction, destruction of evidence and interference with the Petitioner's proprietary rights persists from day to day.

 

21.                That this Hon'ble Court possesses the territorial jurisdiction to entertain and decide the present application since the property in question is situated within the jurisdiction of this Hon'ble Court and the acts complained of have been committed within such jurisdiction.

 

22.                That the present application has been filed bona fide, in the interest of justice and for the protection of the lawful rights of the Petitioner, and not for any collateral purpose.

 

In the aforesaid facts and circumstances, it is therefore most humbly prayed that Your Honour may graciously be pleased to;

 

a) Invoke the powers under Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Initiate proceedings under Section 144(2) Cr.P.C., 1973 (corresponding to Section 163(2) BNSS, 2023), against the Opposite party;

 

b) Direct the Officer-in-Charge, Hare Street Police Station, to ensure strict compliance of the order and to provide necessary police protection to prevent breach of peace;

 

c) Pass an order of prohibition and restraint, restraining the Opposite Party, its Directors, officers, employees, servants, agents, representatives, contractors, labourers, associates, assigns, or any person acting for or on its behalf, from entering upon, trespassing into, interfering with, disturbing, obstructing, encroaching upon, or in any manner causing any hindrance to the Petitioner's peaceful, lawful and uninterrupted possession, occupation, enjoyment and use of the property more fully described in the Schedule hereunder, and further restraining them from carrying out any unauthorized construction, structural alteration, demolition, installation of fixtures, plumbing, drainage or sanitary facilities, or from changing the nature and character of the said property in any manner whatsoever, except by due process of law and with the express written consent of the Petitioner and the competent statutory authorities.

 

d) Pass a further prohibitory order restraining the Opposite Party and all persons claiming through or under it from committing any act of criminal trespass, intimidation, nuisance, obstruction, dispossession, damage to the Petitioner's property, removal or destruction of existing structures or evidence, or from creating any third-party interest or any situation likely to prejudice the Petitioner's lawful rights, title, interest and possession over the Schedule property, until the disputes are finally adjudicated in accordance with law.

 

e) Pass such further or other order or orders as this Hon'ble Court may deem fit and proper for securing the ends of justice.

 

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

 

 

 

SCHEDULE

 

ALL THAT piece and parcel of the Premises No. 55, Biplab Rash Behari Basu Road (formerly Canning Street), Mehta Building, Block “H”, 1st Floor, Kolkata – 700001, Police Station Hare Street.

 

VERIFICATION

I, ________________________, son of ________________________, aged about ____ years, residing at ________________________________, being the Authorised Signatory and duly authorised representative of M/s. GSA Surgical & Medicines Private Limited, having its Registered Office at Room No.111, Block "F", First Floor, Eastern Portion of Premises No.55, Biplab Rash Behari Basu Road (formerly Canning Street), Mehta Building, Police Station – Hare Street, Kolkata – 700001, the Petitioner herein, do hereby verify that the statements contained in paragraphs 1 to 22 of the foregoing application are true and correct to my knowledge and records maintained by the Company, and that I believe the same to be true. I further verify that nothing material has been concealed therefrom and no part thereof is false.

Verified at Calcutta (Kolkata) on this ____ day of __________, 2026.

 

 

Authorised Signatory
M/s. GSA Surgical & Medicines Private Limited

DEPONENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, __________________________, son of ________________________, aged about ____ years, by faith ____________, by occupation ____________________, residing at ________________________________________, being the duly authorised Signatory and authorised representative of M/s. GSA Surgical & Medicines Private Limited, the Petitioner above named, do hereby solemnly affirm and state as follows;

 

1. That I am the Authorised Signatory and duly authorised representative of the Petitioner Company and, as such, I am fully acquainted with the facts and circumstances of the present case and am competent and authorised to swear this Affidavit on behalf of the Petitioner.

 

2. That I have read and understood the contents of the accompanying application filed under Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

 

3. That the statements made in paragraphs 1 to 22 of the said application are true and correct to my knowledge, derived from the records maintained by the Petitioner Company and from information received by me in my official capacity, which I verily believe to be true.

 

4. That no material fact has been concealed or suppressed by the Petitioner and the present application has been made bona fide and in the interest of justice.

 

5. That I solemnly affirm that the contents of this Affidavit are true to my knowledge and belief and that nothing material has been concealed therefrom.

 

Verified at Calcutta (Kolkata) on this ____ day of __________, 2026.

 

 

 

 

DEPONENT

Identified by:

 

Advocate