In The Court of the Learned 3rd Executive Magistrate, 3rd Court at Calcutta

Case No. M/35/22

Girish Park, P.S.

IN THE MATTER OF:

An application under Section 144(2) of the

Criminal Procedure Code, 1973 read with

Section 107 thereof.

AND

IN THE MATTER OF:

Ashok Gupta, residing at 181/A,
Chittaranjan Avenue, P.S.Girish Park ,
Kolkata- 700007
……. Petitioner

Versus

1. Sanjay Arora,
2. Tarakeshwar Singh
3. Anil Agarwalla
4. Sunil Agarwalla
Nos. 1 to 4 all of 181/A, Chittaranjan
Avenue, P.S.Girish Park, Kolkata-700007
Opposite Parties
The humble complaint of the complainant above
named.
Most respectfully Sheweth:
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1. The complainant has filed an application under section 144(2) of the

Criminal Procedure Code , 1973 read with section 107 thereof against
the opposite parties inter-alia praying before your Honor (a) to draw
proceedings under the provisions of Section 144 (2) Crpc against the
opposite parties and there cohorts /associates , (b) The opposite parties
and each of them be restrained from committing any offences at the said
premises No.181/A, Chittaranjan Avenue , P.S. Girish Park , Kolkata -
700007 including parking of any car or vehicle outside the main
entrance gate of the said premises and also from in any way purring any
padlock on the said main entrance gate of the said premises and/or
obstructing or blocking or creating any hindrances to the free ingress
and egress of the cars of the petitioner and the petitioner’s clients,
friends, relatives and well-wishers from the said main iron gate of the
said premises and/or the said premises. (c) The opposite parties and
each of them be directed to execute a Bond for keeping the peace and
tranquility in the said premises No.181/A, Chittaranjan Avenue,
P.S.Girish Park , Kolkata – 700007 and in the vicinity thereof. (d) The
officer-in charge, Girish Park P.S be directed to enquire into the matter
himself or by a senior officer and to submit a report to this learned Court
and in the meantime, to see that no breach of peace or any illegal act or
offence is committed by the opposite parties and their associates at the
said premises No. 181/A, Chittaranjan Avenue, P.S. Girish Park,
Kolkata-700007
2. The petitioners state that the allegations made in the said complaint are
untrue and false and the petitioner/opposite party no 4 puts the
complainant to strict prove thereof.
3. The petitioner / opposite party no 4, states this instant matter is not
maintainable in law and in facts at least against the opposite party no 4.
4. The petitioner /opposite party no 4, states that although being a tenant
in the subject premises has not visited to subject premises during the
time period with respect to which the false and untrue allegation has
been made by the complainant in this instant application under Section
144(2) Criminal Procedure Code, 1973.
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5. The petitioner/opposite party no 4, states that even in the instant

application and in the complain made to The Girish Park Police Station,
there has been no specific allegation whether direct or indirect against
the opposite party no 4 and thus the name of the opposite party no 4 is
liable to be exonerated and slashed or quashed from the cost title of the
instant application.
6. The application is utterly malafide, vexatious, frivolous and without any
basis and not tenable in the eye of law.
7. The complainant does not disclose any cause of action against the
opposite party no 4.
8. The inclusion of the name of the opposite party no 4 is nothing but an
after thought and thus is a complete abuse of the process of law.
9. The instant application is barred by principles of waiver, estoppel,
acquiescence and principles analogous thereto.
10. It is stated that it is fact that the opposite party no 4 has not in
present in subject premises during the time period of the allegation and
is also a fact apparent on the face of the instant application that there is
no specific allegation whether direct t or indirect t against the opposite
party no 4 made by the complainant in the instant application. In these
facts and circumstances the name of the opposite party no 4 is liable to
the omitted and exonerated from the cost title of the instant application
which follows the due course of natural justice.

This petition is made bonafide and in the interest of justice.

In view of the above facts circumstances it is most respectfully prayed that

this Hon’ble Court may graciously be pleased to:

(a)allow this petition by omitting /

exonerating the name of the opoosite
party no 4 from the coast title of the
application filed under Section 144(2)
of Criminal Procedure Code 1973,
being M case NO . 35/2022 ;
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(b)Pass such further order and/or

orders , direction and/or directions as
this Hon’ble may deem fit and proper

And for this act of kindness, your petitioner, as in duty bound, shall ever
pray.
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AFFIDAVIT

I, Sunil Agarwal, son of Late Madan Lal Agarwal aged about ___ years by faith

Hindu, by occupation business, residing at hereby solemnly affirm

and say as follows:

1. I am the opposite party no. 4 and accordingly I am fully conversant

with the facts and circumstances of this instant case and as such I

am competent to affirm this instant affidavit.

2. That the statements made in paragraph nos. 1 to _____ are true to my

knowledge and belief and rest are my humble submission before this

Hon’ble Court.

Identified by me

Advocate Deponent
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