In The Court of the Learned 3rd Executive Magistrate,

3rd Court at Calcutta

Case No. M/35/2022
Girish Park Police Station

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 petition on behalf of
Opposite Party No. 4 above named.

Most respectfully Sheweth:

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) Cr. P. C against the
opposite parties and there cohorts/associates, (b) The opposite parties
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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 petitioner states 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 that 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. The petitioner did not visit the
premises on the day of occurrence of the any of the events as alleged in
the petition of complaint.

5. The petitioner/opposite party no 4, states that even in the instant

application and in the complaint made to the Girish Park Police Station,
there is no specific allegation, whether direct or indirect, made against
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the opposite party no 4 and thus it is reasonably presumed that the

opposite party no 4 has only been arrayed as party in the instant
proceeding is only to harass and malign the opposite party no. 4.

6. The name of the Opposite Party No. 4 is required to be deleted from

the cause title of the instant application. The Opposite Party No. 4 is
liable to be exonerated and any proceeding drawn against the Opposite
Party No. 4 is required to be quashed.

7. The application is utterly malafide, vexatious, frivolous and

without any basis and not tenable in the eye of law.

8. The complainant does not disclose any allegations against the

opposite party no 4.

9. The inclusion of the name of the opposite party no 4 is nothing but

an afterthought and thus any proceeding against the opposite party no. 4
is a complete abuse of the process of law.

10. It is stated that it is fact that the opposite party no 4 was not at all
present in subject premises during the time period of the allegation and
it is also apparent on the face of the instant application that there is no
specific allegation whether direct or indirect 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 cause title of the instant application
which follows the due course of natural justice.

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

In view of the above facts and

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
opposite party no 4 from the
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cause title of the application filed

under Section 144(2) of Criminal
Procedure Code 1973, being M
case NO. 35/2022;

(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