BEFORE THE LD.CHIEF JUDICIAL MAGISTRATE AT DHANBAD.
COMPLAINT PETITION NO: …………../2019
NAME & ADDRESS OF THE COMPLAINANT
Mr.MALAY KUMAR SEN
Son of Late Kanailal Sen
Aged about-45 years
Occupation- Businessman
Prop.Aroti Restaurant cum caretaker
HatiaRoad,Hirapur,Dhanbad
Add-Rani Road,Bhuda
Beside G.N.College,Dhanbad
Adhar No.-587649014628
Ph No.-9534094375
……………..Petitioner/Complainant
-Versus-
NIRMAL KUMAR MUKHERJEE
S/o Late Prabhat Kumar Mukherjee
Aged-About 57 years
Occupation-Not Known
R/o-North Loco Tank,Ajanta Para
P.O+P.S+Dist-Dhanbad
Aadhar No.221646850399
…………Opposite
Party/Accused.
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Names of the witnesses& Evidences:
1.Saibal Roy,
S/o Late D.L.Roy,Rani road Bhuda,P.O+P.S+Dist-Dhanbad.
2.Satyawan Mahato
S/o GovindMahato,Pokharia,Govindpur,Dhanbad
3.Hirapur Chamber of Commerce,Hirapur,Dhanbad.
4.Editor Daily Hindustan,Dhanbad Edition.
5.Documentary Evidences & A.V Clips.
6.Other witnesses & Evidence,will be cited as per requirement.
Date ,Time& Place of Occurrence
16.05.2016at about 8.20 Aroti Restaurant ,Hirapur ,Dhanbad ,
09.02.2019 at about 7.10 P.MNear BarmasiaPhatak,Dhanbad.
Probable Penal sections of Law:
323,327,341,384,500,504,506 r/w 34 of I.P.C
The Petitioner most respectfully Sheweth:-
1. That the petitioner is a prop cum caretaker of Aroti
Restaurant, Hirapur Road, Dhanbad. Having very good
data history,there is no any criminal or civil case is
pending against petitioner.
2. That, the petitioner earn their livelihood only from small
business set up ( restaurant) i.e. Aroti Restaurant. As a
member of Hirapur Chamber of Commerce petitioner
always enjoyed their companions.
3. That on 16.05.2016,the Accuse entered the Restaurant
about 8.20 P.M and stated I am the Councillor, my
name is NirmalKumar Mukherjee.I am very power full
person .I have very much approach in every
departments , Dhanbad Municipal Corporation works
under my wishes and Whims. You run your Restaurant
without any fear if you obey and follow my orders.
4. Thatthe same time he ordered food items for 4 persons
(parcel)Chicken Chilly,Chiken Kari, Chowming,Fried Rice
ect .After handover the items petitioner asked Rs.900/-
(Nine Hundred rupees),Accused vehemently refused to
pay the amount. Accused pushed the petitioner and
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threatened ; problem will arise if you not followed my
orders.
5. That the accused threatened by wrongfully using force
against the petitioner ,instilling fear of harm vulnerable
factors, improper government action based on
misleading informations and false criminal charges
offender obtained services from petitioner through
coercion acting under color of right.
6. That, from on and above incident ,each and every
month 2 to 3 times accused repeated the same pattern
of process and dynamics, some time sent other person
to collect the food after using the communication
through phone or else.
7. That on dated 15.09.2018 Nirmal Kr.Mukharjee
engraving of defamatory statement made in
newspaper,daily Hindustan,Dhanbad edition ,the lines
are in Toto “MERA BHI AAROP HAI KI DUKANDAR
SARAB BACHTEY HAI”
( True copy news published in
Hindustan Newspaper
Annexed here as Annexture-01)
8. That on dated 09.02.2019 at about 7.10 P.M Barmasia
over Bridge ,Dhanbad.The accused with 4-5 other
persons threatened again to petitioner ready for dare
consequences and pushed the chest of petitioner due
to this action petitioner was about to fall on Rail Track
when petitioner came to Aroti restaurant with
SaibalRoy.Saibalroy also punched in stomach by one of
them.
9. That petitioner received a legal notice on dated
14.02.2019 on behalf of accuse about publication of
news item on dated in Hindustan Hindi daily,Dhanbad
edition in page no-3 as Toto {“Hirapur
keDukandarKholenge parshad NirmalkeKhilafMorcha”
and you havealso mentioned that you and other
shopkeepers will meet S.S.P Dhanbad in regard to your
complaint”}.
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( True copy of Legal Notice
Annexed here as Annexture-03)
10. That on dated 19.02.2019 the reply of legal notice sent
by petitioner mentioned here as Toto “every individual
as well as every family have right to live with dignity
without fear from any Unconstitutional work.The use of
govt./Public office for personal benefit damaged the
pillars of Democracy.The public representative must
show high moral standard and make the full
transparent in public related matters.My client humbly
requested not to interfere the Private rights of
individual and don’t harm the reputation.
11. That the Victim/petitioner inability to meet the
demands of kickbacks for the uninterrupted
businessthe petitioner meet/complainedmany a times
to police but yet no action taken against accused hence
this Complaint petition.
In view of the aforesaid submission
made herein and in the interest of
the justice, it is therefore most
respectfully prayed that this
Hon’ble Court may graciously be
pleased to:
A. Register the present Complain.
B. Summon try and punish the accused persons for committing
the offence under section323,327,341,384,500,504,506 r/w 34
of I.P.C
C. Pass such other or further orders as this Hon’ble court may
deem fit and proper.
For this the complainant shall ever pray.
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AFFIDAVIT
(BEFORE THE LD.C.J.M AT DHANBAD)
IMr.MALAY KUMAR SEN Son of Late Kanailal Sen Aged about-45
years Occupation- Businessman Prop.Aroti Restaurant cum care
taker,HatiaRoad,Hirapur,Dhanbad Add-Rani Road,Bhuda Beside
G.N.College,P.S-+P.O+Dist-Dhanbad Adhar No.-Ph No.-
9534094375,do hereby solemnly affirm on oath and declare as
follow:
1.That I am the Complainant of the present C.P Case.
2.That,the contents of the C.P Case is read over me and explained in
hindi and I found correct.
3.That I have never filled any case against the said accused before
any court.
4.That,Certified to be the e printed documents attached with
petition is the true copy and there is no any tempering done by any
one under 65 B of evidence act.
5.That the averment made above are true and best of my
knowledge, faith and belief.
Verification
The statement made above are
true in my best of knowledge and
believed.I signed this verification at
Dhanbad Civil Court on ……………
Deponent
Identified by
(Pawan Kumar Ojha)
Advocate
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Advocate
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