DISTRICT : NORTH 24 PARGANAS

IN THE COURT OF LEARNED EXECUTIVE MAGISTRATE AT BIDHANNAGAR

M.P No. of 2019

Police Station- East Bidhannagar.

In the matter of :-

An application under section 144(2) of the Code of

Criminal Procedure.

A N D

In the matter of :-

NANDINI N. SUCHDE

Wife of Nimesh Sachde

Daughter of Lt. Subroto Ghosh

At Present Residing at Premises No. 25 Sangita

Building, Aurther Bunder Road, Colaba, Mumbai- 5.

Also residing at E/18/7 Salt Lake, Sector-II,

Karunamayee, Kolkata-700091, P.S.-East
Bidhannagar.

…Petitioner.

-vs-

MANJU SAMANTA

Wife of Lt. Subrata Samanta

Of Talligunj Basti

And her men and agents.

…Opposite Parties

The humble petition on behalf of the petitioner

above named.

Most respectfully sheweth:

1. That the petitioner is a bonafide, peace loving and law abiding citizen of the locality.
2. That the petitioner states that her demised father Lt. Subroto Ghosh purchased a flat under
direct allotment from the Govt. on appropriate of 800 Sq. ft on the 3 rd floor at premises no
E/18/7 Salt Lake, Sector-II, Karunamayee, Kolkata-700091, P.S.-East Bidhannagar in the
year 1979 and till his death the flat was in the name of the father of the petitioner Mr.
Subroto Ghosh and after the death of the father of the petitioner the mutation was done and
the property was divided equally between the petitioner and her mother and brother i.e
Nandini Ghosh, Gitika Ghosh and Jayanta Ghosh.

3. That the petitioner states that during the lifetime of her father she along with her mother
and brother used to reside in the schedule mentioned property and in the year 1990 after the
marriage of the petitioner, she had shifted to Delhi and then to Mumbai in 2000 for
conjugal life but she was quite frequent to her salt lake residence to take care of her mother
as his demised brother due to his intoxicated and malafide attitude was not been able to
take proper care and medication of the mother of the petitioner.

4. That in is pertinent to mention in this context that the brother of the petitioner was habitual
of bad life style and for the said reason his first wife left him and obtained divorce from
him and subsequently he was involved into live in relationship with the opposite party who
is dubious in character.

5. That the petitioner states that on 21 1st January 2013 the mother of the petitioner Gitika
Ghosh died intestate and the death was resulted of a fall in the said flat as she was pushed
by a maid sent by the opposite party and the petitioner was also filed a case vide East
Bidhannagar P.S. Case No. 77/2014 under section 302/406/380/120B of I.P.C. against the
opposite party and one Mr. Agarwal of B14/7 Karunamoyee, salt lake city and two other
persons. The petitioner learnt that the opposite party was entered into an agreement with
Mr. Agarwal to sell the said flat and taken Rs. 100000 as advance from him and she was
promised Mr. Agarwal possession after the death of the mother of the petitioner and for
fulfilling her ulterior motive the opposite party planed and caused the death of the mother
of the petitioner and the instant case is yet under investigation.

6. That after that the brother of the petitioner stopped all communication with the petitioner
since last five months. In between on 28th November 2018 the brother of the petitioner got
detected with oral cancer as per diagnosis and in that period of time the opposite party
abandoned the brother of the petitioner after she learnt that the brother of the petitioner had
cancer and in that period of time the brother of the petitioner pleaded the petitioner for
financial help as he was not earning anything. And it is pertinent to mention in this context
that in January 2018 the brother of the petitioner sold the petitioner 50 percent share of the
flat and he asked the petitioner to pay him for his 50 percent share as he could not pay the
society maintenance and pay for the repairs of the flat which was necessary and in between
January and February the petitioner paid her brother his share of Rs. 1250000.

7. That on 28th December 2018 the brother of the petitioner died and after the death of the
brother of the petitioner, the petitioner became the sole owner of the property as she is the
only legal surviving heir of the property. The opposite party is the person who has criminal
 antecedents and have hobnobbing with the local ruffians. The opposite party is trying to
encroach the property taking the advantage of the brother of the petitioner. It is pertinent to
mention in this context that the opposite party was never take care of the brother of the
petitioner and now after the death of the petitioner’s brother she is trying to trespass in the
property. That during the life time of the brother of the petitioner the possession was there
to the petitioner and that was never disputed in any manner what so ever.

8. The petitioner came to know through her resources that the opposite party married to
subrata Samanta and there are cogent evidences to show that she is still married to the said
person and the same is not been terminated. Subrata Samanta has died on 21 st January 2019
and there was a claim in ESIS is pressed by the opposite party as the wife of the deceased.
The opposite party is now trying to claim that she is the wife of the deceased brother of the
petitioner namely late Jayanta Ghosh by the dint of a marriage certificate where the
signature of Jayanta Ghosh is forged and it is germane in this regard that during the spouse
living no woman can go for second marriage. The opposite party is making false cock n
bull story to grab the property, the petitioner has report of forensic expert through which it
is ostensible that there is a forgery committed by the oppostier party.

9. That it is also came to the knowledge of the petitioner trhough proper source that the
opposite party has stolen the house hold articles from the schedule mentioned premises
including valuable electronic items, the opposite party tried to made addition and alteration
in the flat by construction work through the process of tress pass but by lodging complaint
to the local authority the petitioner restrained the effort at that point of time.

10. That the opposite party is now has became violent and has assembled many ruffians to
trespass in the property to cause sordid activity over there in the schedule mentioned
premises, now under this situation if the opposite party came with the hooligans and try to
take and/or occupy the possession of the property forcefully then there would be a mayhem
and the same may cause breach of peace and tranquility.

11. That the petitioner has narrated the matter to the concern police station i.e. Bidhannagar
East Police station. Through a written complaint on 04/02.2019 and the police authority
advised the petitioner to take shelter before the law.

12. That the opposite party member is enough powerful and has collected some aide, who are
trying to illegally encroach the schedule-mentioned premises with force and coercive
manner, hindering the petitioner to use the same.

13. That the petitioner is being threatened every now and then of her life.

14. That the opposite party member and some hooligans appointed by them, are continuously
mounting the pressure upon the petitioner either to vacate the premise or to pay an abstract
amount of money.
 15. That it is evident that the opposite party member and her associates are dangerous in nature
and they have no regards for the law and performing illegal and unlawful and high-handed
acts to fulfill their ill-motives.

16. That due to such threats, high-handed attitude and various other nefarious acts and other
wrongful and illegal activities of the o.p member, reign of terror is prevailing at the locale
and the o.p member are very much adamant to dispossess and oust your petitioner from her
right without due process of law. The situation is very tense and alarming and there is
apprehension of serious breach of peace and disturbance of public tranquility and unless the
opposite party is immediately restrained by an appropriate order of this Learned Court, u/s
144(2) of the Cr.P.C your petitioner institute will suffer irreparable loss and injury beside
further breach of peace or any other untoward incident or a cognizable offence may take
place at any moment by and at the instance of the o.p and her men and agent.

17. That the opposite party members have the criminal antecedents and lot of local goons are
associated with him hence there is a strong apprehension that the opposite party member
may cause nuisance at the schedule mentioned premises for which it is required to have an
immediate intervention from the ld. Court to ensure the public peace and tranquility.

18. That the instant application is made bonafide for the sake of justice and equity.
Hence it is prayed that your honour would be
graciously pleased to admit the petition filed U/S
144(2) of the Code of Criminal Procedure and/or to
pass necessary order/orders restraining the opposite
parties from all sorts of violent and illegal and
unlawful acts at the scheduled premises; and /or
directing the opposite party not to disturb the
peaceful; possession of the petitioner at the
scheduled premises; and/or the opposite party or his
men and agents will not create any disturbance free
ingress and egress in the schedule premises and/or
direct I/C, East Bidhanangar Police Station to cause
an enquiry and furnish a report in this regard and to
see that no breach of peace and disturbance takes
place at the schedule premises, and/or draw up
proceedings U/S 144(2) of the Code of Criminal
Procedure, and/or any of this order/orders as your
honour may deem fit and proper for the ends of
justice.

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

ALL THAT piece and parcels of the flat situated at 3rd floor at premises no E/18/7 Salt Lake,
Sector-II, Karunamayee, Kolkata-700091, P.S.-East Bidhannagar.

VERIFICATION

I NANDINI N. SUCHDE, Wife of Nimesh Sachde, Daughter of Lt. Subroto Ghosh, At

Present Residing at Premises No. 25 Sangita Building, Aurther Bunder Road, Colaba, Mumbai-
5., Also residing at E/18/7 Salt Lake, Sector-II, Karunamayee, Kolkata-700091, P.S.-East
Bidhannagar, do hereby declare that the statements made in the paragraphs 1 to 18 are true to the
best of my knowledge and belief and I sign this verification on the 4th Day of February , 2019
at the court premises.