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
12th 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 : 12th
day of September’ 2025;
Place :
Baruipur Court, South 24 Pgs.
N O T A R Y
