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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - I

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EXTRAORDINAIRE

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12 {

No.

118

Poudouchéry

Lundi

12

Septembre

2016 (21 Bhadra 1938)

No.

Puducherry

Monday

12th

September

2016

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)

AT VILLIANUR

Present : Thiru N. UDAYAKUMAR,

Subdivisional Magistrate (South).

M.C. No. 406/2016

ORDER UNDER SECTION 144 of Cr. P.C.

To

Thiru Kumar @ Kosa Kumar @ Chandiran (33),

S/o. Ramalingam, Urakulam Street,

Kirumampakkam, Puducherry.

Whereas, it has been made to appear to me that you have trivial and scant

respect to the judiciary and rule of law and are involved in various offences against

public tranquility, offences affecting decency and morals and offences affecting

human body and that you have become a perennial source of threat to the

community, public peace and order;

LA GAZETTE DE L'ETAT

[PART - I

1448

And whereas, I am convinced of your involvement in various criminal

cases under (1) Cr. No. 67/2007 under sections 323, 427, 506(ii) IPC r/w 34 IPC

of Kirumampakkam Police Station, Puducherry (2) Cr. No. 152/2001

under sections 341, 323, 294, 506(ii) IPC r/w 34 IPC of Kirumampakkam Police

Station, Puducherry (3) Cr. No. 26/2002 under sections 147, 324, 323, 294, 506

IPC r/w 34 IPC of Kirumampakkam Police Station, Puducherry (4) Cr. No. 163/2002

under sections 341, 323, 506(ii) IPC r/w 34 IPC of Kirumampakkam Police Station,

Puducherry (5) Cr. No. 165/2002 under sections 341, 323, 324, 506(ii) IPC r/w

34 IPC of Kirumampakkam Police Station, Puducherry (6) Cr. No. 44/2004

under section 107, Cr.P.C of Kirumampakkam Police Station, Puducherry

(7) Cr. No. 70/2004 under section 379 IPC of Kirumampakkam Police Station,

Puducherry (8) Cr. No. 218/2004 under sections 148, 341, 324, 506(ii), 302 IPC

r/w 149 IPC and section 3 of Explosives Act, 1908 of Reddichavady Police

Station, Tamil Nadu (9) Cr. No. 239/2004 under section 110 Cr.P.C of

Kirumampakkam Police Station, Puducherry (10) Cr. No. 210/2005 under section 110

Cr. P.C of Kirumampakkam Police Station, Puducherry (11) Cr. No. 83/2006

under section 110 Cr.P.C of Kirumampakkam Police Station, Puducherry

(12) Cr. No. 109/2006 under sections 324, 506(ii) IPC r/w 34 IPC of Kirumampakkam

Police Station, Puducherry (13) Cr. No. 23/2007 under sections 324, 323, 506(ii) IPC

r/w 34 IPC @ 323, 324 IPC r/w 34 IPC of Kirumampakkam Police Station,

Puducherry (14) Cr. No. 26/2007 under section 110 Cr.P.C of Kirumampakkam

Police Station, Puducherry (15) Cr. No. 104/2007 under section 25(l)(A) of

Arms Act 1959 of Kirumampakkam Police Station, Puducherry (16) Cr. No. 144/2007

under sections 294, 506(ii) IPC r/w 149 IPC @ 147, 148, 294, 507, 386 IPC r/w 149 IPC

of Mettupalayam Police Station, Puducherry (17) Cr. No. 78/2008 under section 25(l) (B)

of Arms Act of Kirumampakkam Police Station, Puducherry (18) Cr. No. 100/2008

under section 151 Cr.P.C of Kirumampakkam Police Station, Puducherry

(19) Cr. No. 188/2008 under section 379 IPC r/w 34 IPC of Kirumampakkam

Police Station, Puducherry (20) Cr. No. 143/2009 under section 107 Cr.P.C of

Kirumampakkam Police Station, Puducherry (21) Cr. No. 02/2010 under section

25(l) (A) of Arms Act, 1959 (PT) of Reddichavadi Police Station, Tamil Nadu

(22) Cr. No. 27/2010 under section 506(ii) IPC r/w 34 IPC @ 120 B, 506(ii) IPC

r/w 34 IPC of Kirumampakkam Police Station, Puducherry (23) Cr. No. 60/2010

under section 110 Cr.P.C. of

Kirumampakkam Police Station, Puducherry

(24) Cr. No. 107/2010 under sections 147, 148, 324, 506 (ii) IPC r/w 149 IPC of

Bahour Police Station, Puducherry (25) Cr. No. 27/2011 under sections 323, 324, 506(ii)

IPC r/w 34 IPC of Kirumampakkam Police Station, Puducherry (26) Cr. No. 45/2013

under section 386 IPC r/w 34 IPC @ 392 IPC r/w 34 IPC of Kirumampakkam

Police Station, Puducherry (27) IR. No. 07/2013 under section 144 Cr.P.C of

Kirumampakkam Police Station, Puducherry (28) Cr. No. 86/2013 under section 188 IPC

of Kirumampkkam Police Station, Puducherry (29) IR. No. 36/2014 under

section 144 Cr.P.C. of Kirumampakkam Police Station, Puducherry (30) IR. No. 06/2015

under section 110 Cr.P.C of Kirumampakkam Police Station, Puducherry

(31) IR. No. 14/2016 under section 110 Cr.P.C of Kirumampakkam Police Station,

Puducherry and your vengeful acts along with your accomplices against your

opponents has created panic in the minds of the people;

And whereas, the Station House Officer, Kirumampakkam Police Station

has filed a case against you vide FIR. No. 38/2016 under section 144 of Cr.P.C.,

dated 10-8-2016. It is stated by the Station House Officer, Kirumampakkam

Police Station that you have formed a gang of rowdies and bent upon indulging

in crime such as hurt, intimidation, rioting, affray and making disturbance to the

PART - I]

LA GAZETTE DE L'ETAT

1449

online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry - 605 009

public tranquility and order, and you have created panic in the minds of local

inhabitants and the farmer and business communities in the rural limit. It is also

stated that you have become a source of terror among the public. As a result the

people of the locality being afraid of you and do not come forward to lodge any

complaint against you. It is also stated that even witnesses don't come forward

voluntarily to give evidence against you in the cases where you are the accused.

And whereas, the Station House Officer, Kirumampakkam Police Station

further submitted that you involve in various offences by using aruval, knife,

country made bombs and deadly weapons to attack the victims. You also violated

the conditions imposed by the Criminal Courts and has scant respect to the

judiciary and rule of law. It is also stated that if you are allowed to reside in

Puducherry limits, it is apprehended that you would continue to indulge in serious

offences like assault, obstructions, annoyance, etc., and thereby emerged as a

perennial source of threat to the shop owners, general public and disturbing public

peace and order. Hence, the Station House Officer, Kirumampakkam Police

Station has prayed to invoke provisions under section 144(i)(ii)(iii) of Cr.P.C

against you, not to enter into the jurisdiction of Subdivisional Magistrate (south)

Court for a period of two months as to prevent danger to the human life and

properties, and disturbance to the public tranquility and order;

And whereas, based on the report laid before me, I am of the opinion that

if, you are allowed to reside within the limits of my jurisdiction, you will continue

to indulge in and also motivate others to commit serious offences like murder,

extortion, damages to public and private properties, assault, obstructions,

annoyance, etc., and thereby become a perennial source of threat to the community

and disturb public peace and order. Such situations cannot be handled effectively

by taking recourse to usual procedures contemplated by law and hence, it is

necessary that special provision under section 144 of Cr.P.C is invoked to take

action against you to prevent harm to life and properties of citizens and uphold

public peace and order;

And whereas, I am satisfied that you are a habitual offender, that your

activities will endanger human life and properties and your presence is a threat

to public tranquility in my Subdivision. Therefore, an immediate action is required

for curtailing your illegal activities in the locality;

Now, therefore, based on the reasons stated above, I, N. Udayakumar,

Subdivisional Magistrate (South), Villianur in exercise of powers conferred under

Code of Criminal Procedure, do hereby prohibit you under section 144 of Cr. P.C.

from entering into the region under the control of my jurisdiction for a period

of two months from the date of this order or till any further orders are passed by

the competent authority revoking this prohibition as per law, whichever is earlier

except when you are summoned to attend the cases in any of the Courts in

Puducherry.

At Villianur, dated this 6th day of September 2016.

N. UDAYAKUMAR,

Subdivisional Magistrate (South).