PUT-UP PETITION

 

In the Court of the Learned Chief Judicial Magistrate, Alipore, South 24 Parganas.

 

Ref.: Ballygunge Police Station Case No. 10 of 2026

Corresponding to CGR No. 302 of 2026

Under Section 61(2), 318(4), 316(2) BNS 2023

 

In the matter of;

 

State of West Bengal,

                    ________Complainant

Debasish Adhikary,

          _____Defacto Complainant

-      Versus –

Sri Vicky Singh, & Ors.

                    ________Accused

 

PUT-UP PETITION;

 

The humble Petition on behalf of the above named Defacto-Complainant Debasish Adhikary, most respectfully;

Sheweth as under;

 

1.   That the above referred FIR has been initiated by the Ballygunge Police Station, in pursuing the Order dated 21-01-2026, passed in Serial No. 222 of 2025, by this Learned Court. The said FIR as referred herein above has been booked on 30-01-2026, by the Ballygunge Police Station, as so far transpired from the Certified Copy of the said FIR, obtained.

 

2.   That the defacto complainant seeks to place his appropriate application for transfer of investigation from the Ballygunge Police Station to Gariahat Police Station on the ground of Lack of Jurisdiction with the Ballygunge Police Station.

 

3.   That in the given facts the defacto complainant seeks a direction upon the Bench Clerk to place the above referred case record on board before the Learned Court for necessary hearing and intervention into the matter placed by the defacto complainant before this Learned Court.

 

4.   That this application is made bonafide and in the interest of administration of Justice.

 

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

 

a) Direct the Bench Clerk to put up the above referred case record on board before the Learned Court for hearing vand consideration of the application placed by the Defacto Complainant;

 

b) Pass such further or other order or orders as Your Honour may deem fit and proper in the interest of justice.

 

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

5.Bottom of Form

 

         

VERIFICATION

 

I, Debasish Adhikary, the Defacto-Complainant above named, do hereby verify that the statements made in paragraphs 1 & 2 of the foregoing petition are true to my knowledge and belief.

 

Verified at Alipore, South 24 Parganas, on this the ____ day of April, 2026.

 

 

 

 

Deponent

 

Identified by me,

 

Advocate

 

APPLICATION FOR TRANSFER OF INVESTIGATION ON THE GROUND OF LACK OF TERRITORIAL JURISDICTION

 

In the Court of the Learned Chief Judicial Magistrate, Alipore, South 24 Parganas.

 

Ref.: Ballygunge Police Station Case No. 10 of 2026

Corresponding to CGR No. 302 of 2026

Under Section 61(2), 318(4), 316(2) BNS 2023

 

In the matter of;

 

State of West Bengal,

                    ________Complainant

Debasish Adhikary,

          _____Defacto Complainant

-      Versus –

Sri Vicky Singh, & Ors.

                    ________Accused

 

APPLICATION FOR TRANSFER OF INVESTIGATION ON THE GROUND OF LACK OF TERRITORIAL JURISDICTION;

 

The humble Petition on behalf of the above named Defacto-Complainant Debasish Adhikary, most respectfully;

Sheweth as under;

 

1.   That the above referred FIR has been initiated by the Ballygunge Police Station, in pursuing the Order dated 21-01-2026, passed in Serial No. 222 of 2025, by this Learned Court. The said FIR as referred herein above has been booked on 30-01-2026, by the Ballygunge Police Station, as so far transpired from the Certified Copy of the said FIR, obtained.

 

2.   That it is pertinent to states that an application under Section 175(3) of the BNSS 2023, has been preferred by the Defacto Complainant on 22-09-2025, before the Learned Court, which registered as Serial No. 222 of 2025, and whereas the Learned Court passed necessary Order vide Order no. 01, dated 22-09-2025, and thereby directed the O/C, Ballygunge Police Station for the preliminary enquiry, into the matter of Complaint of the Defacto-Complainant and fixed the date on 01-11-2025 for Report.

 

3.   That on 01-11-2025, O/C, Ballygunge Police Station files a report that the jurisdiction is under the Gariahat Police Station, and upon such satisfaction the Learned Court re-issue its earlier direction of preliminary enquiry on the O/C, Gariahat Police Station, and asked for report on such preliminary enquiry by fixing the date on 08-12-2025, for report from O/C, Gariahat Police Station.

 

4.   That on 08-12-2025, O/C, Gariahat Police Station seeks time to submit report on preliminary enquiry, and therefore the Learned Court was pleased to fixed date on 21-01-2026, for report.

 

5.   That on 21/01/2026, the O/C, Gariahat Police Station submitted a detailed preliminary enquiry report, which concluded as during the course of enquiry, cognizable offence appears to have been committed. Therefore, apparently it is well presumed that the direction for FIR and investigation thereby would be on the O/C, Gariahat Police Station and not on the O/C, Ballygunge Police Station.

 

6.   That However, mistakenly, the Learned Court direct the O/C, Ballygunge Police Station for the FIR and investigation insist of the O/C, Gariahat Police Station by the Order dated 21-01-2026, passed in Serial No. 222 of 2025, by the Learned Court.

 

7.   That in the given facts that the O/C, Ballygunge Police Station has already been raised the territorial jurisdictional issues suggesting thereby that matter of complaint of the defacto complainant lie within the territorial jurisdiction of the Gariahat Police Station by a report dated 29-10-2025, as the concerned accused office premises are in the territorial jurisdiction of the Gariahat Police Station, which has been considered and directed to the O/C, Gariahat Police Station by Order dated 01-11-2025, passed in Serial No. 222 of 2025, by the Learned Court. Therefore, any further direction on the O/C, Ballygunge Police Station for FIR and Investigation does not arise by any stretch of imagination and further more while the preliminary enquiry report has been placed by the O/C, Gariahat Police Station on 21-01-2026, thus on consideration of such report of Gariahat Police Station, Ballygunge Police Station should not be directed for treating the application of the Defacto-Complainant and Investigation thereof, in any manner, whatsoever.

 

8.   That in the circumstances, as appeared that on a bonafide mistake, in the said Order dated 21-01-2026, has been passed in Serial No. 222 of 2025, by the Learned Court. Therefore the Defacto-Complainant seeks a direction on the O/C, Ballygunge Police Station to transferred the present FIR no. 10 of 2026, to the O/C, Gariahat Police Station for investigation as the Ballygunge Police Station has no territorial jurisdiction.

 

9.   That in the aforesaid facts and circumstances, it is most humbly submitted that the continuation of investigation by the O/C, Ballygunge Police Station, in connection with Ballygunge Police Station Case No. 10 of 2026 corresponding to CGR No. 302 of 2026, is wholly improper, without jurisdiction and contrary to the settled principles of criminal law, inasmuch as the alleged place of occurrence, the office premises of the accused persons, and the material facts constituting the alleged offences, are all situated within the territorial limits of Gariahat Police Station. It is a settled proposition of law that investigation must ordinarily be carried out by the police station having territorial jurisdiction over the place of occurrence, and any deviation therefrom, unless justified by exceptional circumstances, renders the investigation vulnerable to challenge.

 

10.                That it is further submitted that the Learned Court, having already taken cognizance of the jurisdictional aspect on the earlier occasion and having been pleased to direct the O/C, Gariahat Police Station to conduct preliminary enquiry, and thereafter having received a detailed enquiry report from the said police station confirming commission of cognizable offences, the subsequent direction inadvertently issued upon the O/C, Ballygunge Police Station appears to be an apparent error on the face of the record, which requires correction in the interest of justice, equity and fair investigation. The said inadvertent direction, if allowed to continue, may result in multiplicity of proceedings, administrative complications, and prejudice to the prosecution case at a later stage.

 

11.                That the Defacto-Complainant states that he has no intention to delay or obstruct the process of law, but rather seeks to ensure that the investigation is carried out by the competent police authority having proper territorial jurisdiction, so that the investigation is conducted effectively, fairly and in accordance with law. It is further submitted that such transfer of investigation from Ballygunge Police Station to Gariahat Police Station would not cause any prejudice to any of the parties, but on the contrary would facilitate a proper and lawful investigation into the allegations made in the complaint.

 

12.                That the present petition is made bona fide and in the interest of justice, and unless the relief as prayed for is granted, the Defacto-Complainant shall suffer irreparable loss and injury, and the very purpose of initiating the criminal proceeding may be frustrated due to lack of jurisdiction and possible procedural infirmities in the investigation.

 

13.                Enclosing herewith the Photostat of certified copy of all orders in Serial No. 222 of 2025, and marked as Annexure – “A”.

 

14.                Further Enclosing herewith the Photostat of certified copy of all reports submitted by the concern Police Station, in Serial No. 222 of 2025, and marked as Annexure – “B”.

 

 

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

 

a) Direct the O/C, Ballygunge Police Station to forthwith transfer the investigation of Ballygunge Police Station Case No. 10 of 2026 (FIR No. 10/2026) corresponding to CGR No. 302 of 2026, to the O/C, Gariahat Police Station, being the police station having territorial jurisdiction over the alleged place of occurrence;

 

b) Pass such further or other order or orders as Your Honour may deem fit and proper in the interest of justice.

 

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

15.Bottom of Form

 

         

VERIFICATION

 

I, Debasish Adhikary, the Defacto-Complainant above named, do hereby verify that the statements made in paragraphs 1 to 8 of the foregoing petition are true to my knowledge and those made in paragraphs 9 to 12 are based on legal advice which I believe to be true.

 

Verified at Alipore, South 24 Parganas, on this the ____ day of April, 2026.

 

 

 

 

Deponent

 

Identified by me,

 

Advocate

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Debasish Adhikary, Son of Sri Sridam Adhikary, aged about 32 years, by faith Hindu, by occupation Business, working for gain presently as the Director of Debarpita Overseas Private Limited, having its office at Premises No. 4499, Tegharia, Narendrapur Station Road, Post Office – Ramkrishna Pally, Police Station – Narendrapur, District – South 24 Parganas, Kolkata – 700150, do hereby solemnly affirm and state as follows;

 

1. That I am the Defacto-Complainant in connection with Ballygunge Police Station Case No. 10 of 2026 corresponding to CGR No. 302 of 2026, now pending before the Learned Chief Judicial Magistrate at Alipore, South 24 Parganas, 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 the accompanying petition praying, inter alia, for transfer of investigation from Ballygunge Police Station to Gariahat Police Station on the ground of lack of territorial jurisdiction.

 

3. That the statements made in the accompanying petition are true to my knowledge and belief, and I have not suppressed any material fact.

 

4. That this affidavit is made bona fide and in the interest of justice.

 

 

 

 

Deponent

 

Identified by me,

 

Advocate

 

Demand Notice

 

Date: 27^th day of April’ 2026

To
Smt. Priyanka Kundu
(Representing the Legal Heirs and Successors of Late Goutam Kumar Kundu)
Carrying on business in the name and style of:
M/s. Goutam Kumar Kundu
Office at: Premises No. 172, N.S. Road,
Rajpur-Sonarpur, Kolkata – 700149
GSTIN/UIN: 19AFTPK2528M1ZR
State: West Bengal | Code: 19

---

Subject: Demand for payment of outstanding dues of Rs. 4,85,091/- along with interest

---

Madam,

We, Bhagwati Iron Centre Private Limited, through our Director, hereby issue this notice as follows:

1. That we had been in continuous business and commercial transactions with Late Goutam Kumar Kundu, who was carrying on business as a sole proprietor under the name and style of M/s. Goutam Kumar Kundu from the address mentioned hereinabove, in respect of supply of TMT Bars and Cement.
2. That upon issuance of earlier communications and notices, the same were returned with the postal endorsement “deceased,” thereby revealing that the said Goutam Kumar Kundu has expired. You, being the legal heir(s), successor(s), and/or person(s) representing or managing the affairs of the said concern and/or estate of the deceased, are thus liable to respond to and discharge the lawful liabilities of the said concern, to the extent of the estate inherited.
3. That as per the Ledger Account maintained by us in the ordinary course of business, a sum of Rs. 4,85,091/- (Rupees Four Lakhs Eighty Five Thousand and Ninety One only) remains outstanding and payable by you.
4. That the said outstanding amount pertains to supply of TMT Bars and Cement delivered to you during the period from 02nd April, 2024 to 14th January, 2025, against your assurances of timely payment.
5. That the Ledger Account of your firm, duly maintained by us up to 31st March, 2025, clearly reflects the aforesaid outstanding dues. Despite repeated personal follow-ups, requests, and reminders made on several occasions, you and/or your representatives have failed and neglected to clear the said dues.
6. That more than twelve (12) months have elapsed, and no payment has been received till date. Your continued failure to discharge the admitted and lawful liability has caused us serious financial hardship and has adversely affected our business operations. Such non-payment amounts to wrongful retention of our legitimate dues.
7. That it is a settled principle of law that the legal heirs and successors of a deceased person are liable to satisfy the debts and liabilities of the deceased, to the extent of the estate inherited by them. Accordingly, you are hereby called upon to pay the outstanding principal amount of Rs. 4,85,091/- (Rupees Four Lakhs Eighty Five Thousand and Ninety One only) together with interest @ 12% per annum from 14th January, 2025 till the date of full and final realization, within 15 (fifteen) days from the date of receipt of this notice.
8. Take notice that in the event of your failure to comply with the aforesaid demand within the stipulated period, we shall be constrained to initiate appropriate legal proceedings against you under applicable laws for recovery of the said amount, entirely at your risk as to costs, expenses, and consequences, without any further reference.
9. This notice is issued without prejudice to all our rights and remedies available in law.

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Kindly treat this matter as most urgent.

---

Yours faithfully,
For Bhagwati Iron Centre Private Limited

 

Akash Agarwal
Director

Searching Report on Title

 

 

Date: 2^nd day of April’ 2026

 

TO WHOMSOEVER IT MAY CONCERN

 

Upon the instructions received from the intending Purchaser SMT. KAKALI SEN MUKHERJEE (PAN: BEZPS8939G, Aadhaar: 790697396184), Daughter of Sri Amar Kumar Sen and Wife of Sri Krishna Chandra Mukherjee, residing at Krishnapur Ghosh Para, Krishnapur, Madanpur, Kolkata – 700128, District North 24 Parganas, West Bengal, I, have carefully examined, scrutinised and verified the title deeds, documents, records and papers produced before me in respect of the immovable property more fully described in the Schedule hereunder, and I do hereby submit this detailed Title Search and Legal Scrutiny Report.

 

At the outset, it is stated that the present report is based on a comprehensive search of title conducted for a period commencing from the year 1991 up to April, 2026, and includes examination of all relevant title deeds, instruments, development documents, municipal records and other connected papers as made available for my verification. The purpose of this report is to ascertain the nature, extent and validity of the title of the present Vendors, as well as to determine whether the property is free from encumbrances and is capable of being legally transferred and mortgaged.

 

The property under consideration comprises Flat No. A/3A5, situated on the South-East side of the 3rd Floor in Block ‘A’ of a multi-storied residential building known as “RAJWADA ESTATE PHASE-II”, having a super built-up area of approximately 1160 square feet, together with one covered car parking space on the Ground Floor measuring approximately 120 square feet, and further together with proportionate undivided share and interest in the land underneath the said building as well as in all common areas, spaces and facilities appurtenant thereto. The said property is situated at premises bearing Holding No. 1012, Mahamayatala, Mouza – Barhansfartabad, Police Station – Sonarpur, District South 24 Parganas, within the jurisdiction of the Rajpur-Sonarpur Municipality.

 

Upon examination of the root of title, it appears that the land forming part of the said project originally belonged to several recorded raiyats and lawful proprietors, including inter alia Sri Kamala Kanta Naskar, Sri Kishori Mohan Naskar, Sri Kunja Behari Naskar and others, who had valid, subsisting and transferable rights in the said lands. In or about the year 1991 and subsequent years, the said original owners transferred their respective portions of land by way of duly executed and registered Deeds of Sale in favour of subsequent purchasers including Sri Sukumar Singh and others, thereby divesting themselves of all right, title and interest therein and vesting the same in the transferees.

 

 

 

Thereafter, the said lands underwent a series of lawful devolutions and transmissions of title through recognised modes of transfer, including further sales, purchases, inheritance upon intestate succession, gifts and inter se transfers amongst co-sharers and legal heirs. Upon scrutiny, it appears that all such transfers were effected through duly registered instruments and in accordance with the applicable provisions of law. During the period between the years 2001 and 2013, various portions of the said lands were acquired, consolidated and amalgamated by M/s. Rajwada Group and other co-owners through separate registered conveyances, resulting in the creation of a unified and contiguous landholding having clear and marketable title.

 

Subsequently, the lawful owners of the said lands, being desirous of developing the same, entered into various Development Agreements with M/s. Rajwada Group, a partnership firm, during the period between 2009 and 2012, and also executed registered General Powers of Attorney authorising the said developer to undertake development of the land, obtain necessary sanctions from competent authorities, construct multi-storied buildings thereon and to enter into agreements for sale with intending purchasers. Upon verification, it appears that such development rights were validly created and duly exercised by the developer in accordance with law.

 

 

 

 

It further appears that the lands were amalgamated into a single municipal holding bearing Holding No. 1012, Mahamayatala, and the names of the owners were duly mutated in the records of the Rajpur-Sonarpur Municipality. The nature and character of the land was converted into Bastu (residential use), thereby rendering the same fit for construction and residential development. The competent municipal authority sanctioned a building plan being Plan No. 1253/CB/28/05 dated 19.11.2013, pursuant to which the multi-storied residential complex known as “RAJWADA ESTATE PHASE-II” was constructed.

 

In terms of the development arrangements and allocation between the landowners and the developer, the constructed flats along with car parking spaces were duly apportioned, and authority was vested in the developer and/or the landowners to transfer and convey the same to intending purchasers. In pursuance thereof, the present Vendors, namely Mr. Arnab Kumar Koley and Mrs. Kumkum Kolay, acquired the subject property by virtue of a Deed of Conveyance dated 09.09.2016, duly registered in Book I, Volume No. 1629-2016, Pages 65398 to 65441, being Deed No. 162903061 of 2016, in the office of the Additional District Sub-Registrar at Garia, West Bengal. By virtue of the said registered conveyance, the Vendors became the absolute and lawful owners of the said flat, together with the car parking space and proportionate undivided share in the land and common areas.

 

 

It is further observed that the Vendors are presently in peaceful, vacant and uninterrupted possession of the said property and are enjoying the same as absolute owners without any let, hindrance, interruption or claim from any person or authority whatsoever. Upon scrutiny of the documents and records produced, and upon conducting usual and reasonable searches, no encumbrance of any nature has been found affecting the said property. There is no indication of any subsisting mortgage, charge, lien, attachment, lis pendens, acquisition proceeding or any adverse claim against the said property. The title of the Vendors appears to be clear, valid, subsisting and marketable.

 

The municipal records, mutation entries and tax receipts, as produced, appear to be in order, and the property stands recorded in the name of the rightful owners. The sanctioned building plan has been duly obtained from the competent authority, and the construction appears to have been carried out in accordance therewith. However, it is advisable that the lending institution may, if deemed necessary, independently verify the availability of Completion Certificate and/or Occupancy Certificate from the concerned municipal authority.

 

Based on the foregoing examination and verification, and subject to the observations made herein, I am of the considered opinion that the Vendors have good, clear, marketable and indefeasible title to the said property and are fully competent and legally entitled to transfer and convey the same. The property is free from encumbrances and is legally fit and suitable for creation of equitable mortgage in favour of any Bank or Financial Institution for the purpose of securing financial assistance.

 

 

SCHEDULE OF PROPERTY

(Description of the Said Flat)

 

ALL THAT one self-contained, residential flat being Flat No. A/3A5, situated on the South-East side of the 3rd Floor in Block ‘A’ of the multi-storied building known and named as “RAJWADA ESTATE PHASE-II”, having a super built-up area of approximately 1160 (One Thousand One Hundred Sixty) square feet, be the same a little more or less, consisting of bedrooms, drawing/dining space, kitchen, toilet, W.C., verandahs consisting of 2 Bed rooms, 1 Dining / Drawing room, 1 Kitchen, 1 Toilet, 1 W.C., 2 Verandah, and other usual conveniences, together with all internal fixtures, fittings, electrical installations and appurtenances attached thereto.

 

AND ALSO one covered car parking space on the Ground Floor of Block ‘A’, admeasuring approximately 120 (One Hundred Twenty) square feet, be the same a little more or less, intended for parking of one motor vehicle, with right of ingress and egress.

 

 

 

 

TOGETHER WITH the proportionate undivided, indivisible and impartible share and interest in the land underneath the said building, and all common areas, spaces, facilities and amenities including but not limited to staircases, lobbies, passages, lift (if any), roof, water supply systems, drainage, sewerage, electric connections and other common installations, to be used in common with other co-owners/occupiers of the said building.

 

SITUATED AT premises being Holding No. 1012, Mahamayatala, Mouza – Barhansfartabad, J.L. No. 47, Pargana – Medanmalla, comprised in R.S. Dag Nos. 1624, 1625, 1632, 1607, 1608 & 1623, appertaining to the relevant Khatian(s), within the jurisdiction of P.S. Sonarpur, Kolkata – 700084, District South 24 Parganas, under the Rajpur-Sonarpur Municipality.

 

The said Flat, car parking space, proportionate land share and all rights, easements and appurtenances thereto are more fully and particularly described in the Deed of Conveyance dated 09.09.2016, registered in Book – I, Volume Number 1629-2016, Pages from 65398 to 65441, Being No. 162903061 for the year 2016, registered in the office of the Additional District Sub-Registrar, Garia, West Bengal, which executed in favour of the Vendors.

 

 

 

 

 

This report is issued based on the documents and information produced before me, and I do not assume responsibility for any hidden defects in title, suppression of material facts or any unregistered transactions, if any.

 

 

 

Pritam Das, Advocate
High Court at Calcutta

 

Place: Kolkata
Date: 2^nd day of April’ 2026