IN THE COURT OF THE LEARNED 10TH EXCUTIVE MAGISTRATE
AT CALCUTTA
_____________________________________________________________________
P.S.- BOWBAZAR
IN THE MATTER OF:
An application under section 144(2) of
the Code of Criminal Procedure
IN THE MATTER OF:
SRI SHREYANSH PATAWARI
SON OF
Having place of residence at
and PROPRIETOR OF Aaradhya Sales
and Services Aged about years,
having office address at 41 B.B Ganguly
Street 1st Floor, Kolkata - 700012.
… …Petitioner
-Vs-
Ranjit Mullick and Ors
PROPRIETOR OF Technico
Engineering aged about years,
having office address at
……Opposite Party
The humble petition on behalf of the
petitioner above named most respectfully
SHEWETH;
1) That your petitioner is a peace loving and law abiding citizen of India; having
his address as mentioned in the cause title herein above and has been carrying
on his business lying and situated at 41 B.B Ganguly Street 1 st Floor, Kolkata
- 700012, under the name of Aaradhya Sales and Services and he is the
Director of the above said company only under the name and style of Baron
Agencies Pvt. Ltd. That your petitioner has been carrying out business there
for many years and have been paying rent.
(Rent Bills are annexed herewith for your Honour’s kind perusal)
2) That the O.P. is the owner of Technico Engineering with whom your
petitioner has been continuing business since long.
3) Your petitioner states that a letter of complaint was lodged by your petitioner
against the O.P’s at Bowbazar Police Station on 11.12.2023 regarding
misappropriation of money demanded by the O.P. whereas the matter of
payment of money was settled between your petitioner and the O.P long time
back at an amount of 50,000/- (Fifty Thousand only) in the proper jurisdic
police station only after the opposite party lodged a complaint in the
Bowbazar Police Station.
4) That suddenly on 10.12.2023 the above named O.P. namely Ranjit Mullick
came to your petitioner’s office with some local hooligans and created a huge
chaos and nuisance in his office demanding an amount of Rs.1,15,000/-. (One
Lac Fifteen Thousand) and also threatened your petitioner and when your
petitioner protested of such chaos and nuisance he became furious and
threatened with dire consequences and abused in the most filthy languages to
your petitioner.
5) That your petitioner is the absolute tenant of the three rooms on the ground
floor of the premises 41 B.B Ganguly Street 1 st Floor, Kolkata - 700012and he
regularly paid the and electricity bills to the Kolkata Municipal Corporation
and Calcutta Electric supply corporation.
(Xerox copy of the said electric bills are annexed herewith for your Honour’s
kind perusal)
6) That your petitioner states that your petitioner asked the OP about such illegal
and nefarious activities, he became furious and started to abusing your
petitioner with filthy languages and threatened your petitioner with dire
consequences.
7) Your petitioner further states that the OP is very desperate, dangerous and
aggressive in nature and attitude, irritating in behavior and has been
continuously threatening your petitioner and also restraining your petitioner
for ingress and egress into the said schedule office.
8) That your petitioner states that there is a chance of breach of peace by the
Opposite Party and his men or any agent or agents.
9) That your petitioner taking a view of the ulterior motive had approached to
Bowbazar Police Station and informs the incident by written complaint dated
11.12.2023 and the concerned Police Station advised your petitioner to obtain
the order or any direction from the appropriate Court, hence this Application
to be moved by your petitioner before this Ld. Court.
10) Your petitioner states that in view of the facts and circumstances as mentioned
above, unless the Ld. Court is pleased to pass an order under Section 144(2) of
Cr. P. C. to the extent of directing the Officer-in- Charge, Bowbazar Police
Station to take appropriate action so as to prevent the Opposite Party from
creating any unlawful disturbance and to causing any unlawful act in the
schedule office premises, otherwise your petitioner shall suffer irreparable
loss and injury.
11) That the situation is very tensed and alarming and there will be a serious
breach of peace taking place until and unless the O.P. may not get restrained
by Your Honor’s order.
12) That this petition is made bona fide and for the ends of justice.
Hence prayed to see that the opposite party
do not restrain your petitioner by the
nuisance they are creating and also take
appropriate steps to restrain the opposite
parties to stop the chaos they have created in
your petitioner’s portion and to see that no
breach of peace takes place; and order and
call for a report from the O/c Bowbazar P.S.
and that your Honour would be graciously
pleased to pass an order u/s 144(2) Cr.P.C
and direct the O/c Bowbazar Police Station
to enquire about the matter, keep proper
vigilance and submit report to the Ld. Court
and to pass any such order or orders as your
Honour may deem fit and proper;
.
And for this act of kindness your petitioner as in duty bound shall ever pray.
Calcutta
Day of December 2023
Filed by,
_____________
ADVOCATE
AFFIDAVIT
I SHREYANSH PATAWARI s/o by faith Hindu; aged about
years by Occupation: Business having my address at 41 B.B Ganguly Street 1st Floor,
Kolkata - 700012, do hereby declare and solemnly affirm that:
1) I am well conversant with the facts and circumstances of this instant case.
2) That the statement contained in the paragraphs 1 to 12 are true to my
knowledge and belief and the rests are my humble prayer before the Ld.
Court.
I sign this affidavit on this day of , 2023 at my Ld. Advocates chamber.
Prepared in my Office
And Identified by me
______________ (Deponent)
ADVOCATE
SOLEMNLY AFFIRMED BEFORE
ME ON THIS Day of ,
2023