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

 

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 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 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.

 

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

 

 

 

APPLICATION FOR ADVANCE HEARING / URGENT LISTING

 

IN THE DEBTS RECOVERY TRIBUNAL – I, KOLKATA

9^th Floor, 42C, J.L. Nehru Road,

Jeevan Sudha Building

Kolkata – 700071

 

I.A. No.             Of 2026

In

Original Application No. 93 of 2015

 

In the matter of;

IDBI Bank Limited,

                   ________Applicant

-      Versus –

Hotel Hirak Jayanti & Ors.

                   ________Defendants

 

APPLICATION FOR ADVANCE HEARING / URGENT LISTING

 

The humble Petition on behalf of the Defendant no. 4, Smt. Jayanti South, most respectfully,

Showeth as under;

 

1.   That the instant proceeding is pending before this Learned Tribunal and the present application is being filed by the Defendant No. 4 seeking advance hearing of her application for refund of OTS amount.

 

2.   That the answering Defendant has already filed an application praying, inter alia, for refund of a sum of Rs. 1,44,00,000/- (Rupees One Crore Forty Four Lakhs Only) deposited with the Applicant Bank under the proposed One Time Settlement (OTS) Scheme dated 15.12.2025, which has not been concluded.

 

3.   That the said application involves extremely urgent and exceptional circumstances warranting immediate consideration by this Learned Tribunal.

 

4.   That the Defendant No. 2, namely Sri Hirak Nath Sounth, is suffering from complete kidney failure and is presently in a critical condition, requiring urgent kidney transplantation for survival.

 

5.   That the cost and expenses of such transplantation and medical treatment are enormous and require immediate financial arrangement, and the amount presently lying with the Applicant Bank is the only available source for arranging such life-saving treatment.

 

6.   That the Defendant No. 4, being the wife of the Defendant No. 2, has already made representations to the Applicant Bank requesting refund of the said amount on humanitarian grounds, but no steps have been taken by the Bank till date.

 

7.   That unless the main application for refund is taken up for urgent and advance hearing, the Defendants will suffer irreparable loss and injury, and the life of the Defendant No. 2 may be seriously endangered due to lack of timely medical intervention.

 

8.   That the balance of convenience lies heavily in favour of granting advance hearing, and no prejudice would be caused to the Applicant Bank if the matter is heard on an urgent basis.

 

9.   That this application is made bona fide and in the interest of justice.

 

In the premises aforesaid, it is most humbly prayed that Your Honour may graciously be pleased to;

 

a) Direct that the application for refund of OTS amount filed by the Defendant No. 4 be taken up for advance hearing / urgent listing at an early date;

 

b) Pass such further or other order(s) as Your Honour may deem fit and proper.

 

AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

 

 

 

 

 

 

 

 

 

 

VERIFICATION

 

I, Smt. Jayanti Sounth, wife of Sri Hirak Nath Sounth, aged about 45 years, residing at Diamond Tower, Jhapetapur, Ward no. 27, Kharagpur, District Paschim Medinipur, Pin - 721301, being the Defendant No. 4 in the above-mentioned proceeding, do hereby solemnly affirm and state as follows;

 

1.   That I am the Defendant No. 4 in the instant matter and I am well acquainted with the facts and circumstances of the case and competent to affirm this verification.

 

2.   That the statements made in paragraphs 1, to 4, of the foregoing application are true to my knowledge and the rests are my humble submissions before the Learned Tribunal.

 

3.   That I have not suppressed any material fact and the contents of this application are true and correct.

 

Verified at Kolkata on this ___ day of __________, 2026.

 

 

 

 

Deponent
(Smt. Jayanti Sounth)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Smt. Jayanti Sounth, wife of Sri Hirak Nath Sounth, aged about 45 years, by faith Hindu, by occupation House Wife, residing at Diamond Tower, Jhapetapur, Ward no. 27, Kharagpur, District Paschim Medinipur, Pin - 721301, do hereby solemnly affirm and state as follows;

 

1.   That I am the Defendant No. 4 in the above-mentioned proceeding and one of the partners of Defendant No. 1 firm, and as such I am well acquainted with the facts and circumstances of the case and competent to swear this affidavit.

 

2.   That I have filed an application before this Learned Tribunal seeking refund of the amount deposited under the proposed One Time Settlement (OTS) Scheme and I state that the statements made therein are true and correct.

 

3.   That pursuant to the proposed Special OTS Scheme dated 15.12.2025, I had deposited a sum of Rs. 1,44,00,000/- (Rupees One Crore Forty Four Lakhs Only) with the Applicant Bank in respect of Loan Account No. 13567320000383, in bona fide intention to settle the entire dues.

 

4.   That despite non-conclusion of the OTS, the Applicant Bank has retained the aforesaid amount and has neither refunded the same nor provided any justification for such retention.

 

5.   That I had addressed a representation dated 02.03.2026 to the Branch Manager, IDBI Bank Limited, Shakespeare Sarani Branch, Kolkata, requesting refund of the said amount, but no response has been received till date.

 

6.   That I further state that my husband, Sri Hirak Nath Sounth (Defendant No. 2), is suffering from complete kidney failure and is presently in a critical condition requiring urgent kidney transplantation to save his life.

 

7.   That the cost of such treatment and transplantation is extremely high and requires immediate financial arrangement, and I have no sufficient resources to meet such expenses.

8.   That the amount of Rs. 1,44,00,000/-, which is lying with the Applicant Bank, is urgently required for arranging the life-saving treatment of my husband.

 

9.   That the other partner of the firm is a housewife and financially dependent, and there is no other source of funds available to us at this critical juncture.

 

10.               That I further state that earlier also the borrower had deposited a sum of Rs. 1,00,00,000/- (Rupees One Crore Only) with the Applicant Bank, which has been duly recorded in the Order dated 15.03.2019 passed by this Learned Tribunal in O.A. No. 93 of 2015, reflecting our continuous bona fide intention to settle the dues.

 

11.               That the present situation is a matter of grave humanitarian concern, and unless the said amount is refunded immediately, the life of my husband may be at serious risk.

 

12.               That I state that the Applicant Bank is unjustly retaining the said amount without concluding the OTS, causing severe prejudice, hardship and irreparable injury to us.

 

13.               That this affidavit is made in support of the application for refund of OTS amount and for seeking urgent interim relief.

 

14.               That the statements made hereinabove are true to my knowledge and belief and nothing material has been suppressed.

 

VERIFICATION

I, the deponent above-named, do hereby verify that the statements made in paragraphs 1 to 14 of this affidavit are true to my knowledge and belief and no part of it is false and nothing material has been concealed therefrom.

 

Verified at Kolkata on this ___ day of __________, 2026.

 

 

DEPONENT
(Smt. Jayanti Sounth)

Identified by;

Advocate