In The Court of Ld.

Additional Chief Judicial Magistrate at

Bidhannagar
Ref.- M.P. of 2023
An Application Under Section
156 (3) of the Code of
Criminal Procedure
In the matter of :
Ms. BITAPI RAY

.…..Complainant

-Vs-
1. Mr. AVICENN RAY
S/o- Dr. Ranjit Kumar Ray,

2. Mrs. RUPA RAY

W/o- Mr. Avicenn Ray,

Both Currently resident of Flat

No.- D-56, Mahavir Vikas,
block-HC, Sec-III, Salt Lake
City, Kolkata – 700 106, Dist.-
North 24 Paraganas, West
Bengal.

…..Accused Persons

The Humble Petition on behalf

of the Complainant above
named.
AN APPLICATION UNDER SECTION 156(3) OF THE CRIMINAL
PROCEDURE CODE

1. That the complainant is a bonafide, law abiding and peace

loving citizen of India having his current and permanent
address mentioned at above cause title.

2. That complainant is the daughter of Dr. Ranjit Kumar Ray

Brigadier (retired ) who is the resident of Flat No.- D-56,
Mahavir Vikas, block-HC, Sec-III, Salt Lake City, Kolkata – 700
106, Dist.- North 24 Paraganas, West Bengal.

3. That the Accused No. 1 & 2 are the son and daughter-in-law of
Dr. Ranjit Kumar Ray and brother of the complainant who are
currently residing at Flat No.- D-56, Mahavir Vikas, block-HC,
Sec-III, Salt Lake City, Kolkata – 700 106, Dist.- North 24
Paraganas, West Bengal.

4. That Since Oct 2020 the complainant’s father had been

suffering from dementia, accelerated hypertension and
prostatomegaly among other things. He became bedridden
and was admitted to hospitals several times for treatment. The
primary cause of his illness was traced to an abnormal build-up
of cerebrospinal fluid in his brain's ventricles which was putting
pressure on his brain causing mental impairment and
dementia. Due to COVID-19 and other health related factors
his corrective surgery was delayed. But on 11 April 2022 he
underwent surgery (Lumbar puncture) in Parkview Hospital,
Salt Lake to treat this disorder but he did not recover from his
dementia, mental and other bladder control related
impairments.

5. That since his surgery in April, 2022 the complainant’s father’s

health had deteriorated so significantly that he was always
 forgetful, disoriented, unresponsive and used to spend most of
his time sleeping. He continued to be completely bed-ridden at
home, had (Foley’s) catheter inserted and was dependent on
care-givers at all times for food, ablutions and other help. He
therefore had become mentally and physically incapable of
handling his own affairs.

6. That after the demise of the complainant’s mother on 3 rd June

2023, the complainant’s father’s health and mental abilities
diminished even further. He had several incidents of seizures,
had no ability to communicate, had nasogastric (Ryle’s) tube
feeding initiated again and was frequently admitted to the
Parkview hospital in Salt Lake for treatment. Therefore, since
Jan 2023 at the very least and particularly after the demise of
his wife, Dr. Ray’s medical condition was such that he did not
have the cognitive abilities and mental capacity to make any
decisions on his own on financial, property or other matters.
He continues to have no mental capacity to make independent
decisions even now.

7. That thereafter the complainant’s father had become an

incapacitated person. Since he was mentally unsound and
incapable of making decisions, or taking care of any kind of
normal paperwork, operating a bank account in his name
should have been treated as illegal until and unless any person
is appointed as an authorized person and guardian ad litem.
However no adult guardianship was appointed by a court order
or otherwise to take charge of his finances or property nor did
he have a Durable Power of Attorney prior to becoming
incapacitated. Therefore no one had the legal right to operate
his bank accounts on his behalf.

8. That after the death of the Complainant’s mother in June,

2023, between 10th to 20th July 2023, the Accused Persons had
 transferred all the money in the Complainant’s father’s
pension account to a newly created account in the name of Dr.
Ranjit Ray, Mr. Avicenn Ray and Mrs. Rupa Ray. Furthermore
the Accused Persons authorized the bank to forward all future
pension deposits to this newly created account. Both accounts
are believed to be with the SBI branch in DB-2, Sector-1, Salt
Lake, Kolkata 700064. This account had a very significant sum
of money as the Complainant’s mother had not withdrawn any
pension money for years.

9. That In August, 2023 the Accused Person by his own admission

stated to the Complainant that he did not want to share the
amount or account details with anyone as the amount
accumulated from pension payments was very large. It is
believed that between 10-20th July 2023 the Accused Persons
applied coercion to force the Complainant’s Father to give his
thumb impression as well as applied extra-ordinary pressure to
compel the SBI bank to transfer-out this money.

10. That the Accused Persons had confessed to the Complainant

during regular conversation that the SBI branch initially
resisted this transfer but the Accused Persons got hold of Col.
Verma who live in unit # U-6 in the same Mahavir Vikas
complex and had an account in the same SBI branch in Salt
Lake. Col. Verma dropped by the residence of the
Complainant’s Father when the bank official visited to take the
Complainant’s Father’s thumb impression and he vouched for
them to the bank officials in good faith without knowing the
ulterior motive of the Accused Persons. This incident is further
corroborated by Mrs. Krishna Saha, the Vice President of the
Mahavir Vikas housing society who said that when the SBI
bank official visited they asked if Dr.Ranjit Kumar Ray had any
other children besides Mr. Avicenn Ray; Mrs. Rupa Ray told the
SBI bank officials that he did not – which is untrue.
11. That the Accused Persons used these tactics to coerce and
transfer-out the pension money of the Complainant’s Father,
also the complainant’s father suffered a severe seizure on 20
July, 2023 on the very day the Bank official took his thumb
impression and was admitted to the Parkview hospital on 21
July, 2023 which was coincidental that the seizure happened
just after the bank officials left the house.

12. That the Complainant also states that the SBI branch did not
insist on a Legal Guardianship Certificate from the Accused
Persons and allowed the illegal transfer-out of the
Complainant’s father’s pension, creation of a new account and
subsequent deposit forwarding of pensions to the new account
on an ongoing basis. The bank also took no steps to inform or
seek approval of the other surviving legal heir, i.e. the
Complainant about the initiation of such an illegal transfer-out
of the Complainant’s Father’s pension.

13. That it is true that banks may allow the pensioner to designate
someone to be a “signor” on their account and this person can
write checks and make withdrawals from the pensioner's bank
account while the pensioner is living and does not have a
signed Power of Attorney. But in this case the Complainant’s
father was incapacitated and no "signor" was assigned prior to
him becoming incapacitated. Therefore the SBI branch broke
all banking rules and allowed this illegal activity to transpire.

14. That when the Complainant contacted, Mr. Subhojit Paul, the
Chief Manager of SBI in DB-2 block, Salt Lake, he stated that
the medical certificate obtained from the doctor at the time of
said transaction certified that the Complainant’s Father was
mentally stable. The Complainant had asked Mr. Paul for a
copy of that medical certificate as it directly contradicts the
 statement and certificate of the doctor who had been seeing
the Complainant’s Father from the start of his illness.
Unfortunately Mr. Paul from SBI, Salt Lake did not reply back
nor did he provided the Complainant with the medical
certificate of the Complainant’s Father that was used to carry-
out this illegal money transfer.

15. That the Complainant has made several requests to Mr. Paul
from SBI to immediately freeze the newly created account
10836480822 in the name of Dr. Ranjit Kumar Ray, Mr. Avicenn
Ray and Mrs. Rupa Ray at the SBI branch and stop the deposit
forwarding from the Complainant’s Father’s original pension
account to this new account 10836480822; and ensure that
the entire pension money that was transferred to this new
account 10836480822 be returned to the original pension
account that is under the sole name of Dr. Ranjit Kumar Ray.
But unfortunately Mr. Paul from the SBI branch at DB-2, Salt
did not take any action so far and refused to freeze the
disputed account even for the interim until a proper
investigation has been completed.

16. That in June 2023 when the Complainant’s mother passed

away, the Accused Person had asked for a declaration of “No
Objection Certificate (NOC)” from the Complainant stating that
the housing society in Mahavir Vikas needed a letter to
appoint, the Accused Person Mr. Avicenn Ray replacing Mrs.
Sarama Ray as the legal heir. Since this was related to
managing the housing bills at Mahavir Vikas, the Complainant
had signed that letter in good faith given the situation that the
Complainant’s mother had just passed away and the
complainant’s father was in an incapacitated state. The
Complainant have since then revoked that declaration on 4
Oct, 2023 after learning the ulterior motive of the Accused
Person. It is highly suspected that this “No Objection
 Certificate” which was meant for the housing society may have
been wrongfully used by the Accused Persons at the SBI bank
to transfer-out the pension funds of the Complainant’s Father
and possibly other illegal financial transactions.

Photocopy of the Revocation of “ No Objection

Certificate” has been annexed

17. That in January 2022 the Complainant’s mother i.e. Mrs.

Sarama Ray had sold a property in Tamluk, East Midnapore.
After her death in June, 2023, and as of today, 72% of that
money from the property sale is in the possession of the
Accused Persons. The Accused Persons refused to give the
Complainant the balance of her share of money from the sale
of this property. Before her death, Mrs. Sarama Ray wanted her
daughter, the complainant, to take her fair share of the
property sale proceeds but only a small sum was sent due to
the limitations of international wire transfers. Another sum was
sent by the Accused Person to the Complainant in Aug, 2023.
But even now close to three quarter of the sale proceeds are
with the Accused Person who refuses to share equally the sale
proceeds.

18. That the Complainant apprehends that in her absence, the

Accused Person may take thumb impression of the
Complainant’s father and execute registered deeds in their
own name which is not permissible in the eyes of the law. It is
quite possible that given the Accused Person’s motives, he and
his wife may have used coercion to already sign-off the two
properties (house in Mahavir Vikas and plot in Rajarhat) in their
name while the Complainant’s father was in an incapacitated
state. Their intention is evidenced by an email from Accused
Person No.2 where she stated that the house in Mahavir Vikas
 would go to her husband, the Accused Person No. 1 and the
plot in Rajarhat would go to their son. On 30 September 2023,
the Accused Persons had a difficult phone conversation with
the Complainant to discuss the plan to divide the inheritance.
During that conversation the Accused Person No.1 clearly
stated that he being the son of Dr. Ranjit Kumar Ray has the
full claim and ownership of all movable and immovable
properties of Dr. Ranjit Kumar Ray, which is not tenable under
the Hindu Succession Act, 1956.
19. That the Accused Persons had also restricted any visitation to
the Complainant’s father after the passing away of his wife,
the Complainant’s father lived alone in his residence in
Mahavir Vikas under the full-time care of two care-givers. At
several instances his relatives wanted to visit him, but the
Accused Persons denied their requests to see him. They had
instructed the caregivers to restrict all visits unless approved
by them. That on 2nd Nov, 2023, the Complainant’s Father’s
niece, Ms. Anagha Ray who lives in California, USA wanted to
see her uncle, she came with the Complainant’s Father’s own
sister and cousin brother to see him at flat D-56, Mahavir
Vikas. But the Accused Person No.2 did not allow them to enter
the house and after a lot of insistence, she let them in but was
extremely unhappy and had an altercation with Ms. Anagha
Ray which led the Accused Person No.2’s father, Mr. Sanjoy
Roy (a resident of BB-152, Salt Lake, Kolkata) lodging a
complaint in Bidhannagar South Police Station against Ms.
Anagha Ray for her insistence to see the Complainant’s Father
That the Accused Persons had also instructed the caregivers to
not inform the family doctor, Dr. Barun Kumar Datta who lives
in the same housing complex regardless of the severity of
medical emergency of the Complainant’s Father. The
Complainant had to call from Canada and request Dr. Datta to
visit the Complainant’s father when his condition deteriorated
on Nov 08, 2023.
20. That on 22nd November ,2023 the complainant got to know
from her uncle that the complainant’s father had expired at his
residence at Flat No.- D-56, Mahavir Vikas, block-HC, Sec-III,
Salt Lake City, Kolkata – 700 106, Dist.- North 24 Paraganas,
West Bengal.

21. That thereafter the Complainant offered her help to the

Accused Person for the carrying out of the rites and rituals of
their late father but the Accused Persons suddenly changed
their demeanor and outright rejected the Complainant’s offer
and refused to entertain her in this matter which left the
Complainant highly suspicious about this behaviour.

22. That for the longest period and without anyone’s knowledge
the Accused Persons had created a plot with the malafide
intention of illegally grabbing the complainant’s father’s assets
and properties through forgery and misappropriation.

23. That the complainant has lodged written letter of complaint

dated 21.11.2023 to Bidhannagar South Police Station stating
the entire facts and circumstamces which was received on
23.11.2023 but the police did not take any action.

24. That the complainant repeatedly visited the Police Station on

several occasion for the matter but the every time the Police
Authority stated that they were making enquiry over the issue,
but when after long period of time passed without any
response from the Police Authority the complainant then
stated the matter via a letter of complaint dated ………….. to
the Commissioner of Police Bidhanngar Commissionerate
which the Commissioner received on …………..
25. That the accused persons with the intention of dishonestly
deceiving hatched a conspiracy and thereby dishonestly
committed forgery and misappropriated the complainant’s
father’s assets and properties the accused has therefore
committed inter alia the offences of forgery and
misappropriation and these illegal acts of the accused person
amounts to offences under section 465/467/468 and 403 of
IPC, hence they are liable to be prosecuted and punished by
this Hon’ble court.

26. That the complainant resides at the above-mentioned address

and the accused had committed the offences within the
territorial jurisdiction of Bidhannagar South P.S. under the
territorial jurisdiction of this Hon’ble court and therefore this
Hon’ble court has got the jurisdiction to entertain and try the
present complaint.

It is therefore humbly prayed

that Your Honor be graciously
pleased to allow this petition
U/S-156(3) Cr.P.C. and treat it
as F.I.R. and direct the
Investigating Officer of
Bidhannagar South P.S. to
enquire into the matter and file
status report before Your Honor
and/or pass any other
necessary order(s) as Your
Honor 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.
Enclosed:
i) Copy of Written Complaint
ii) Postal Receipts
iii) Any other relevant documents related to the matter
 VERIFICATION

I, Bitapi Ray, , Dist.- North 24 Paraganas, West Bengal, do hereby

affirm and verify as follows:

i) That I am the complainant in this instant matter and am

well aware of the facts and circumstances of the instant
matter.

ii) That the statements made above are true to the best of
my knowledge and belief.

DEPONENT

Identified by me

Advocate
 AFFIDAVIT

I, Bitapi Ray, , do hereby solemnly affirm and declare as follows:

i) That I am the complainant in this instant matter and am

well aware of the facts and circumstances of the instant
matter.

ii) That the statements made above are true to the best of
my knowledge and belief.

DEPONENT

Identified by me

Advocate