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IN THE 2ND COURT OF LD. S.D.M. ( EXECUTIVE) MAGISTRATE AT HOWRAH

M.P. No………/2015

Ram Chandra Tiwari

Son of Late Jagarnath Tiwari
residing at 281/A/2, G. T. Road,
Liluah Howrah. …….Petitioner

Vrs.

Suresh Jaiswal
s/o Ramasankar Jaiswal
of 282, G. T. Road, Liluah
and also at 16, Girish Ghosh Road,
Liluah, P. S. –Belur, Distt:- Howrah. …Opposite Party

An Application u/s 107 crpc.

The humble petition of the abovenamed

petitioner

Most Respectfully Sheweth:-

1. That the petitioner is the peace loving citizen of India.

2. That the petitioner is the owner of premises No. 281/A/2, G. T. Road, Liluah, P.

S.- Belur, District-Howrah and occupying the same for several years.

3. That in front of the petitioner’s main gate there is a common passage which

was generally used by the owners, tenants, occupiers of the building lying and

situated around the said common passage.

4. That the petitioner has also a shop room at holding no. 282, G.T.Road, P.S.

Belur, District- Howrah, which is just opposite the main gate of building of
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petitioner and the said common passage is lying between the said shop and

the petitioner’s main gate of the residential building.

5. That the said common passage is open space which was due to be used only

for ingress and egress of owners, tenants and occupiers of the said locality but

unfortunately nowadays the said common passage has become the center of

all illegal activities including the parking space of motor bikes.

6. That there is/was clean understanding among the owners and occupiers of the

locality not to use the said common passage as personal property and for

which an agreement was also executed on 06/10/1999.

7. That sometimes ago some anti-social persons had also threatened the

petitioner with dire consequences if the petitioner dare to raise any objection

for their illegal activities.

8. That the petitioner had also lodged complaint on 17/02/2015 against the

opposite party, who had trespassed and entered in the room of the petitioner

with some anti-social persons and had abused and threatened the petitioner

but in spite of aforesaid complain police had not taken any step to stop such

type of illegal activities.

9. That the petitioner is the old age person, living lonely in his aforesaid building

so he could not muster courage to lodge complaint against any persons for

their illegal activities in spite of repeated abuse and threatening by the op and

his men and agents.

10.That on 09/03/2015, when the petitioner came out from his house, he did not

find his bike which was garaged there. The petitioner immediately rushed to

the local police station and narrated the incident but unfortunately the police

did not lodge any complaint and visited the place where the bike was garaged.

Surprisingly at that time there was a bike lying there but the same was not
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with the petitioner but very surprisingly the said police officer sent the said

vehicle to somewhere and also brought the petitioner’s bike within half an

hour. When the petitioner asked reason of the aforesaid incident the police

told that someone had taken the bike mistakenly.

11.That op claims that he has good friends in police department particularly in

Belur Police station and he has also higher approach in ruling party so all time

he targeted the petitioner with threating to kill him.

12.That the op has money and muscle power and he has political approach as

such he takes law in his hands and petitioner compelled to lead his life in

fearful atmosphere.

13.That there is every chance of breach of peace at the instance of the opposite

party who used the anti-socials who gathered over the common passage and

they may commit any type of crime against the petitioner.

14.That if the restraining order is not granted in favor of the petitioner by this Ld.

Court, the petitioner will suffer irreparable loss and injury.

15.That there is urgency and emergency to invoke the provision u/s 107 of the

Code of Criminal Procedure to restrain the opposite party, his men and agents

from taking law in their hands and further restrain them to interfere in the

peaceful life of the petitioner.

So pray that your Honor may graciously be

pleased to draw proceeding u/s 107 of the

Code of Criminal Procedure and to pass an

order directing the opposite party to execute

a bond of Rs. 1000/- to maintain good

behavior and peace with the petitioner for

such period the Ld. court may deem fit and

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proper and in the meantime direct the

Officer in Charge of Belur P.S to submit a

report after enquiry and further to maintain

peace strictly and to pass such further order

or orders as Your Honour may deem fit and

proper.