KAMALESH CHANDRA SAHA, Dated - SARTHAC

37741

KAMALESH CHANDRA SAHA,

Advocate HIGH COURT CALCUTTA

Bar Association Room No...2,k Phones : 2248-3189/3190/2243,7363

Fax: (033) 2248-2313 E-mail: barassociation©rediffmadcom

Residence: 53%33.63T-

Dated : t& To

1. The Learned Government Pleader, High Court,Calcutta.

2. The Superintendent of Police, Barasat North 24-Parganas, PIN Code No. 700 124.

3. The Officer-in-Charge, Ashokenagar Police Station, District - North 24-Parganas, PIN CODE D.

4. Braja Gopal Baishnab, son of Gouranga Ch. Baishnat, residing at 180/Ai1, Ashokenagar, Post Office - Ashokenagar, Police Station - Ashokenagar, District - North 24 Parganas, PIN CODE NO.

Re W.P•No• (W) of 2016

Rine Sarkar

-Versus- ...Petitioner

The State of West Bengal 8 Ors.

....Respondents

Sir,

Please take note that I have filed an application under

Article 226 of the Constitntion of India on behalf of the peti-

tioner before the Hon'ble Nigh Court at Calcutta and the matter

will appear on 09.05.2016 or soon thereafter before the Hon'ble

contd....p/2

37742

Advocate HIGH COURT CALCUTTA

BarAssociation Room No Phones : 2248-3189/3190/2243-7363

Fax : (033)2248-2313 E-mail: [email protected]

Residence:

2

Justice Dipankar Datta. Xerox copy of the writ application

is annexed herewith.

You are requested to attend at the time of

hearing.

Thanking you,

Yours faithfully,

Ylack.21,,Y1 CrIaAharedeR, ( KAMALESH CH. SAHA M4

Advocate High Coin-t,Calcutta

Distr North 24-Parganes

IN BIE MOH COURT Ar CALCUTTA

Onstitutisenal Writ Jurisdiction

Appellate Side

Wr2010•794(W) Of 2016

Subject MattOr relating to A

Under Croup. IX Head _

of the classification List,

Coos...title I..

RUA SARSAS ,,,Petitioner

.urer3us-

The State of Nest Bengal& Ors,

„„Bespondents

Advocate-on-Record 11.0

CAMAI.TISH cuAnex SAHA Advents

Hitt% COOrt,C420Dtta Liar Association Room no,16,

District s North 14.Pargaras

in THE HUSH -..eutra

Constitutional Writ Jurisdiction

Appellate Side

(W) of 2016 1

Who matter of a-

Rine Sarkar

.„Petitioner

wArei3113w

The State of West Bengal. i Ors,

,„„Respondents

Ira D E X

Description of documents

stir petition with Affidavit

*aro% copy of the petition Of

Complaint C-414/115

AnneXures Page nos,

a • • 1 t°

• •

Xerox copy of the representation

letter to the S North 340Parganas

LIST OF owns

eso pi. atolls I Petition of complaint flied Seifert the

Learned A fp w.T „en at 3arae

04 ,04 .2016 Representation letter to the 5 'orth

isimParganas made T the petitioner,

POZWIS OF LAW

1,/ whether due to political pressure the

Authorities are not *larking freely and not

complying the mandatory provisions of la:4 y

Xi/ whether the Polaae authority have joined hand

with the sulprits and acted malafideiy,

III/ Whether the anion of the police authorities that

RmbPowdents Woo is otherwise bad In law,

District 3 North 34.Pargatuus

Xi i14 HIt i SOUR? AT cAlcUrn3

COnstitutiorual Writ Jurisdiction

Appellate Side

*inn. (, of 3016 $7

In the matter of 1.

An application under Article

336 of the 1 of

Lndia

A n d

In the matter of :ft

A writ and/or Writs, order and/

or Orders, direation and / or

direationa in the nature of

MandamUs and/or Certiorari

and/or prohibition $

A n d

In the matter of :

Polio° hat, 1861 and Regulation

made thereend r 1 .

A n d

In the matter of 1.

Non-consideration of tho

Order dated 30.01,3016

passed by the Iacarnsei

Additional Chief Jud1niA.

Magistrate at narasat in

1-314/2016 against the

private Respondent I

A n

In the matter e7.

Nonoconsideration of the

representation dated 04.04.16

by the respondent tto3 against

the private respondent I

A n d

in the mutat of

In.action at the part of tha

?elide Authority

A a d

In the matter Of

violation of Artidin 14

and 21 of the iOnstitotion

Of India

A ci d

In the matter of

Rine Satter,

wife Of Poltsh Sarkaro

residing at Kacnua IlOro,

Near Misr Jy0ti

Polide Station - :a3ho;camaggr

District .. NOrth 24..Parganas

”oPetitioner

..versuS

1• :he State of Nest Menial.

service through the Secretary

Department of Home (Polizo).

writers* Suildings

Molkata. 700 001

aaporintendent of Police,

Rarasat„ North

PIN COD1 NO, /00 114,

1, Ite Officer-win-Charge

ashrecenagar Police Station,

District., North 24.Parganas,

PIN :001 No„

Nraja GOpa1 oalshaah,

son of OoOranga Ch, 3aishnNO,

residing at I60A/1, AshOkenagar

Post Office .

Poliao Station - Ashokenagar,

District . North 14.Parganas,

HZ CODE NO

....Respondents

4

The rumble Mrs, Manjula cholla:, Chief Justice and

Her Co., Justices o£ the said Homely Court,

The humble petition on eehal

of the tee petitioner e.

Most Respectfully dhow*

that your petitioner is a ettiaen of India and

is residing at the abovenoted piece es mentioned

in the cause title,

'ghat on me, your petitioner ft had filed

a petition of Complaint Ws, 1S6( of the code

of criminal Procedure, punishable U/s, 147/14£/'734/

184/S06/34 of the Indian Penal Code against the

private Respondent flora the Learned 74.„C,T,M, at

9arasat, District - North 24mParganas being c..

214/16 stating inter ails that en 28,01,3016 at

@MU evining the private Respondent alongwith 4/S

unknown miscreants forcibly entered into the shop..

room of the petitioner and used some filthy and

defamatory language and forcibly tried to vacate

the Said shop room, and at that time, the private

respondent and his associates tried to outrage the/

modesty of the petitioner and on the strength of

eforosaid allegation LeArnad'AypeY,M, was pleased to

send the said petition of Complaint no the 4A...

Ashokenagar P,S, treating as ,Tz

%oroy copy of the petition of :olipiaint is

annoyed her in

3, bat your petitioner states that after easing the

order oy the Learned A,T.,J,A„, Sarasat, the Police

Authority did not take any stops against the private

Respondent and even did not record the Statement of

the petitioner and her witnesses till

That your petitioner alse states that finding no

other alternative, petitioner had made a represen-

tation letter with the Respondent No„2 1„e, Super.

intendent of Police Cad 04,04,2014 but unfortunately

no anal% Legal action has yet been taken against the

private Respondent as per law, Moreover At this moment'',

the private Respondent and his associates th

your petitioner and her other family member with dire

consequences,

Copy of the Representatimn letter with the

Respondent No,2 dated 04,04031316 is annented herewith,

a petitioner &See Steitee that the private Rea-

pendant alongwith his associates are aiso trying to

dispossess your, petitioner from the thogawnsem with some

ulterior aetiye and over the said matter, Your peti-

tioner had filed a petition U/s„ 144 (3) Cr oPi3, before

the Learned !Executive Magistrate at Barasat, being R,P,

,3ase NO„ 1362/2016,

the petition and order

are collectively annexed herewith,

polio had joined handth

private respondent and his asaosiates and he add

fuel to the fire of the sul rits and prodwaed A

deaf ear to the petitioner that lodged by the

petitioner•

Neat lag aggrieved by and with the

impegned actions on the part of the Respondent

Police Authorities, the petitioner begs to move

the above application on the following amongst other.

.OROUa DS.

TOR liar it is the apprehenaien of the

petitioner and his family members that

they may be attacked by the pri-ate re ye*

pendent at any point of time,

For likk' duo to Political press

Police Authorities are not working freely

and not nomplying the mandatory provisions

of Law

/II/ FOR MAP the Polii3e Authori

10

with the culprits and acted malafidely

iv/ FOR Uak7 unless in the fitness ..nt..the Sore.

said facts and circumstances of the rase

appropriate order and/or direction is passed

the petitioner will suffer irreparable lees

and injury.

TOR THAT the impugned actions of the

part of the Police Authorities that is

Respondent No.2 to 1 are Otherwise bad

in law,

Ohat there is no other alternative, speedy efflcamioue

legal remedy upon to your petitioner and the relief

prayed for, if granted, would be co.:inlets and anew'.

9, That the petitioner

written and oral to

3 bet no effoot and

made 80 many appeals both

the respondent Nos, 2 end

Formal demand justice if

made id be an empty formality,

That the remoras of the case are ly

of Rio respondent Nos,. 2 and i within tha Appellate

Side urisdiotion of this MCUP ble Court,

il„ Your petitioner states and submits that in view

Of the afOr tionoi feats and mirmtmetenmes of

the case there is extreme urgency in the matter and

due to such urgency Rule 26 Of the writ Rules of this

Hortble COurt as regards prier ser,iCe of notimen upon

the oOncerned respondents may be dispensed with for the

ends of justice,

12. That there is no other Writ petition filed or pending

before this Hon, els court by and ebwoen the parties

Meta self same otiose of action.

10

That your petitioner craws the Hort bLe

court to file the relevant papers and documents a

the time of hearing•

That the application is made aonefide

interest of justice,

Iii the airaumetances as aforesaid

the petitioner most "earthly prays

that Your i.ordship would be gr

aletisly be pleased to ONS3 the

following orders 8-

e) A writ in the nature of

Mandate &treating the res_

pendants particularly reopen.

dent Po.1 to take appropriate

step against the private res.

pendent as per law on the basis

of the order pissed by the Learned

a,C,J,M, Barasat in C-134/

16 on 10,01,2016,

b) A Writ in the nature of

Mandamus directing the rest,.

pendant No,3 to take step /to

arrest private respondent and

rt a Penne 1450 as per

Order of Loarnod A,C,J,K.

Sarasat and to furnish a report

thor

(a) A writ in the nature of

Mandamus directing the respect..

dent Noo1 to oOnsider the repro

Sentation letter dated 04,04 41016

as per law

(d) A writ in the nature of

11

Mandamus directing the respondent

Pea and 1 to take action as per

order dated 10,01„2016 in

119/0 passed by the Learned

•0 07 obi • • ant, District .

North /4p.Parganas

fed a writ in the nature of

Mandamus directing the res

pondent no.1 to prateat the

petitioner and his family

members !review hands of the

private respondent and his

associates #

(f) A writ in the nature of

certiorari directing the res..

pendants, and their men/agents

to transmit all the relevant

remOrds of the case to the

Roo tle Rich Court se that son_

scionable justice may bo done to

the petttioner

(c) Rule NISX in terms of plriysrs

( tO f) alcove I

(h) Coat pertaining to this

application I

(a Such other further order

or orders, direction or (Urea-

tions as Your Lordship may deem

fit and proper.

Nnd your petitioner as in duty bound shall Over pray,

14

Aul r Day; I'

I, Pins Saricar, Mita of Potash Sarkar„ aged about years,

by faith -.Hindu, by enaupation , residing at

gadhua More, Near 'Teter 'yeti ClUb. P,S, Asholcenagar.Distriot.

North 24eParganas„ nue , do hereby solemnly affirm

Amid may as fellows

1„ That I am the petitioner in the instant case and am vell

aequainted with the facts and circumstances of the case,

2, That the statements made in paragraphs c

are true to my Xnatiodge and rest are my rm panful submissions

before this Hutt Ste Court,

The deponent is imovn to me

Clerk to Mr,

Solemnly affirmed before me

On this the ay of April,

2016.

I certify that all metres are legit/co COMM/SSZONymz

Advocate

Advocate

saarao3.6

ussali“,

P

15-

sat.

In the matter of

A petition a asp AintIA‘ /

CraeL. bie u/$44 / 0/354/

134/W 6/34 of the Indian Penal Code,

SAS

aiktiaa—at

litua Sarkair .

WO, Pelasb Sarkar

rosietat co! Kattatat Mara,

Jyot C ub, p ,s . s Ashoicena ger!

Din I ,Iortla 24•Par9aMse

Complain

V

llopraseatatioti 1* ars opal Ns. 13

letter fa Other Sto, Courant, Chen Bastatab

doormats*

Contd,-4.

residing at ;d0/&/h Aehokalsqdry

P40' & PeSel Albekeittegarp

Dist 1 North 24.sPergan&S

& 4/5 mimosa miscreants,

4. Accused Persone4

The humble petit n

the eboleenemed Complainant I

MOST Ekt$P2OlfOliN t.

1) That on 2 '‘...2.0i6 at evening thc..abo anaMee accused

pet elonowith 4/5 unknown miser.;; e to the

ehoproom of tho o=1inant and throatened you .neni.

with dire consequence atyd used some filthy and defamatory

1d xax. ordo the coecisioant end the cocplatnant triod

rsc~ 3e

to restrain them .t that time cadhe €4ae leaderrdlip of the

accused No. 1 trThd, te sutra .p tha modotty of, tho Womplain

and thdeatomed y our omelainact to vacate the shoproom

stherwieds she tA i•iell as other fadily member:,

may be mureced at any point of time.

C on tu ..3.

3) That tee =karma miscreants

who were involved with

the /natant incident, the complainant will identify thS

if they will produce before the complainant.

allooatinn *Ade by the Complainant

4) That to c,ra

he petition of, she has got velueble papers end

documents ae nail as eye witnesses.

In the premises' it is humbly prayed

that aitor hearing the same, let the

petition of complaint may kindly be

send to the 0.C.Ashaenager pollee

Static!' treating as an F,I,E• and

tnvestigattan through arrest of the

accused persons for the.ends of

justice.

2) that PVC: the said matter, your gomplainant made a

th 24.4'ar as representation letter with the S.P

oZD16 stating the facto,

Affidavit Contd.44

AriIDAVIT

I, Seraina Sarkars aged about years, 'f'LEe of

Potash Barker, reeidAt of !Caches Mere, near Jolter Jyoti

Club, P,S0 Aehekena;)ar, Dist i North 24-Patgaties, by

faith - iindo, by occupation - Housewife, do hereby

solemnly affirm and J[4.C1.6rP as follow,

That i am the Uouplainent to the instant ease.

2 That I Mve (past filed this type Oleo in rospoct of

the 15eident a before the Competent Court of

•

the statements nsde above are true

t: the best of my knavledge and belief.

SionEtum of the ent

Identified

c\et14( io Arivozato. xanta J.

the Superintendent of Police

i3arasat, North 24 Parganas.

Ref: C- 234/2016

ig. Saaltw! Complainant.

Brnjogopal Baishnab and 4/5 unknown miscrients) Accused Persons.

:respected Sir. With due respect I beg to state as follows :

That I have filed an application under section 156/3/ Cr.P.C. punishable under sect* 147114S/3540384/506/34 of the Indian Penal code against the acetased persoug be-fore the Learned A.C.J.M. at Barasat and after hearing the same Learned Court was pleased to send the said petition o fcomplaint to the. Ashokenagar Y.S. treating ofF.l .R. but unfortunately till date no action has yet been takgn against the accused person in

terms of the order passed by Ld. A.C..I.M. Barasat. Moreover right now th accused person along with the associates are threatening your complainant and other members of her family with dire consequences.

That due to such illegal acts and deeds on the part of the accused person and have made

a representation letter on 29.012016 before your office but unfortunately yet nog no

positive action has yet bee taken against the accused persons. That at this Juncture il in ery difficult to continue on the part of our part to run very smoothly if no action is to

be taken aainst the accused person/offender.

So. I therefore pray and hope that necessary legal action may kindly be taken aginst the accused person named above in terms of the oder passed by the Learned and oblige me thereby.

"PS forwarded to the Ashokenagar Police Station

...rat.... .4., flirts., c-Ct ,

'ecuo/ing Liam /3 3 r Police ()Ince

Pargaaa.

-

y'RT4Th 71-4 .19 Yours faithfully Rina Sarkar

Wife of Pelash Sarkar ofKachua Moreinearrilhei-Jydi club PS.-Ashokenagar. District-North 24 Parganas-

al;.1 hgl anon

( 4,c/t,e_AL

\t 4

Ciff!rr Ngla anOon on $ 4cuon on

strate

Id!

, dt Nr-Vcr 6 ClyLH)--A- )111

()an ErS EET MULE ' 2n CV Till= RresORM MARbk.$4, licoliq i '.

6.4- " C‘.-0

.1 rengni rorm No. 270

w_

V111.104

2_1

District rganas.

in the Cour/ of Ed. Executive Magistrate at Barasat.

Ref.: M. P. Case No A CC

In the matter of

An application Under Section 10

or the Code of Criminal Proce

/2016

AND

:o the matter of

1. Riga Sarkar

Wife of Palash Sarkar;'

2. Palash Sarkar

Son of Sarkar

both are residing at Kachua More,

near.laharh) Club. P.S.- Ashokenagar,

Disafal- North 24 i'araanas.

Petitioners

Versus

13roio Gopal Baisbnah

Son of Gouranga Chandra Baishnab

of I SO/q/1 Ashokenagar,

P.O. & RS.- Ashokenagar,

District-North 24 Parganas.

Opposite party

Page Contd...

2 2

The humble Petition on behalf of

the above named petitioners.

4,

Most RespectfullySheweth :-

1. That your petitioners are the citizen of India and are residing at the

above noted place as mentioned in the cause title.

That your petitioners are the law abiding perspns having regard

law. On the contrary the opposite party is the dangerou

character and desparate in nature, having no regard on la

That the petitioners are running a lottery business in the to dilirty, with full reputation but the opposite party and his associates are

\efetting

nuisance on and around the business place. Moreover the opposite

party and his associates threatened your petitioner with dire

consequences and over the said matter your petitioner made a

representation letter to S.P. North on earlier occasion.

That at this stage it is the apprehension of the petitioners that they may

be attacked assaulted by the opposite party and his associates at

any point of time which may cause serious apprehension of breach of

peace and public tranquility.

That this application is made bonafide and for the interest ofjustice.

In the premises it is humbly prayed that

yourHonour would be graciously be pleased

to admit the petition and call for report from

the 0/C Asholcenagar P.S. and after hearing

the same let a proceeding under section 107

Page Contd

And your p

z3

w, 44. 3 0..

of Cr. P.C. may knidly be drawn up and in

the meantime let a direction may kindly be

given to the Ashokenagar P.S. that the

petitioners shall not be disturbed by the

opposite party and his men during the/

pendency of the instant proceeding for e

ends ofjustice.

ioenrs, as in duty bound shall Aver pray for this

VERIFICATION

That the aforesaid statements made in this causes shown filed by the

opposite party are true to the best of my knowledge and belief and I sign

this verification on this day of March ,2016 at Barasat Court premises.

Signature

Meth 3

TRIt ow Mar k? mains thutamai mat striadlistion

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