WITHDRAWL APPLICATION ABHIJIT GIRI

BEFORE THE HON’BLE COURT OF METROPOLITAN MAGISTRATE, WEST DELHI JUDICATURE AT TIS HAZARI, NEW DELHI

Case No. 1311 of 2022 

IN THE MATTER OF:

ABHIJIT GIRI                                         …COMPLAINANT

 VERSUS 

SUJAL PATEL AND ORS                                …ACCUSED

APPLICATION FOR WITHDRAWAL OF THE INSTANT CASE BEARING NO. 1311 OF 2022

MOST RESPECTFULLY SHOWETH:

1. That, the instant complaint case was filed on 19.10.2022 and the first hearing was held Before this Hon’ble Court on 22.12.2022, and the matter is pending adjudication.

2. That the Accused persons have been constantly trying to contact the Complainant to withdraw the case and hurling threats of facing dire consequences like transmission of morphed sexually explicit images of the Complainant’s wife and daughter.

3. That the Accused persons in collusion with the police officials of Bengal Police are constantly harassing the Complainant in disguise of carrying out the investigation, even though no cause of action arose in any parts of the Bengal. The entire series of transaction either took place in Delhi or Mumbai. In this scenarios the Delhi Police or Maharashtra Police has right to undertake investigation and the Courts of these places have jurisdiction have right to take cognizance.

4. That, the Complainant also sent the legal notie to P.S. Officer-in-Charge, Khardah, Kolkata-700116 intimating about the ongoing proceedings regarding the same cause of action vide Criminal case No.1311/2022, pending for adjudication before the Court of Kapil Kumar Ld. CMM, Tis Hazari Court, West Delhi,. Thereby the purpose of registering the FIR will be futile over the same cause of action in PS Khardah, Kolkata.

5. That, the Police officials are rigid over registering the FIR in Kolkata so that the Complainant could be harassed more.

6. In order to live a peaceful life free from any form of harassment or constant threats and to protect the dignity and respect of the his wife and daughter. The Complaiant is desirous to withdraw the said complaint.    

7. That the principle of natural justice, equity and good conscience demands that the matter may be heard earlier and disposed off, as no purpose will be served in keeping the matter pending for 13.02.2023.

8. That if the present application is not allowed then the Complainant will have to suffer irreparable loss and injury which cannot be compensated by any means whatsoever.

P R A Y E R

Therefore, in light of the facts stated and circumstances that emerged, it is graciously prayed before this Hon’ble Court to:

1. Allow the Application for withdrawal of the Case filed against the Accused Person(s);

2. Pass any order this Hon’ble Court may deem fit and proper, in favour of the Complainant. 

NEW DELHI
DATE:

Complainant

Through the Counsel for the Complainant

ADV. ANUPAM KUMAR MISHRA

(D/4972/2015)

A-1B/26, JANAKPURI, NEW DELHI-110058

  9051112233 

BEFORE THE HON’BLE COURT OF METROPOLITAN MAGISTRATE, WEST DELHI JUDICATURE AT TIS HAZARI, NEW DELHI

Cases1311/2022 

IN THE MATTER OF:

ABHIJIT GIRI                                         …COMPLAINANT

 VERSUS 

SUJAL PATEL AND ORS                                …ACCUSED

A F F I D A V I T

I, Dr. Anupam Kumar Mishra  S/o  Satya Narayan Mishra R/o A1B/26 Janakpuri New Delhi- 110058 do hereby solemnly affirm and declare as under 

1. That I am the Counsel for the Complainant in the above-noted matter and as such I am well conversant with the facts and circumstances of the present matter. Hence I am competent to swear this affidavit.

2. That the APPLICATION OF WITHDRAWL had been drawn and drafted by me under the instructions of my client and the contents of the same are true and correct to the best of my knowledge contents of the suit may of be the read and information accompanying as part and parcel of this affidavit also, which are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION

I, Dr. Anupam Kumar Mishra  S/o  Satya Narayan Mishra R/o A1B/26 Janakpuri New Delhi- 110058, Counsel for the Complainant in the above-mentioned Case, verify that the facts mentioned in the above application are true and correct to my knowledge and as derived from the records of the case, no part of it is false and nothing material has been concealed therefrom.

Verified at New Delhi on this. .......... day of …………2022

DEPONENT

THROUGH THE COUNSEL FOR THE DEPONENT

Dr Anupam Kumar Mishra                                                                (D/4972/2015)  

                     A-1-B/26, Janakpuri, 

                     New Delhi – 110058

9051112233