[ 519 ]
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (SOUTH)
AT VILLIANUR
Present : Thiru N. UDAYAKUMAR,
Subdivisional Magistrate (South).
M.C. No. 67/2017
ORDER UNDER SECTION 144 of Cr. P.C.
To
Thiru Gunabalan @ Guna (30),
S/o. Anjapuli,
No. 32, Savithri Street,
Uruvaiyar Pet,
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;
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2017 }
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9 {
No.
57
Poudouchéry
Mardi
9
Mai
2017 (19 Vaisakha 1939)
No.
Puducherry
Tuesday
9th
May
2017
520
LA GAZETTE DE L’ETAT
[ PART-I
520
And whereas, I am convinced of your involvement in various criminal cases
under (1) Cr.No. 62/2015 under sections 148, 302, 342, 506 (ii) IPC r/w 149 IPC of
Mangalam Police Station, Puducherry, (2) Cr.No. 18/2016 under section 144 (i) (ii)
(iii) Cr.P.C. of Mangalam Police Station, Puducherry, (3) Cr.No. 37/2016 under section
107 Cr.P.C. of Mangalam Police Station, Puducherry and your vengeful acts
alongwith your accomplices against your opponents has created panic in the minds
of the people;
And whereas, the Station House Officer, Mangalam Police Station has filed
a case against you vide FIR. No. 04/2017 under section 144 of Cr.P.C., dated 2-3-2017.
It is stated by the Station House Officer, Mangalam Police Station that you have
formed a gang of rowdies and bent upon indulging in crime, such as hurt,
intimidation, making disturbance to the 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, it is also stated in the FIR that the Station House Officer
has received reliable information that you are desperate and in dire need of money
to maintain your group of rowdy elements and to meet expenses in connection with
the trial in the pending criminal cases against you. It is also stated that you are
hatching plans to threaten the business people in the Puducherry area and extort
money from them by threatening, but, the public do not come forward to lodge any
complaint against you due to fear. It is further stated that you also earned
displeasure among a section of other rowdy group in the area on account of the
grudge against you and hence rival group is also waiting opportunity to take
revenge upon you;
And whereas, the Station House Officer, Mangalam Police Station further
submitted that you are involved in various offences by using aruval, knife 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 murder, extortion,
damages to public and private properties, assault, obstructions, annoyance, etc.,
and there by emerged as a perennial source of threat to the community and disturb
public peace and order. Hence, the Station House Officer, Mangalam Police Station
has prayed to invoke the 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 so as to prevent danger to the human life and properties
and disturbance to the public tranquility and order;
And whereas, summons was served on you for your appearance on
29-3-2017 to file your explanation/objection as to why the Subdivisional Magistrate
(South), Villianur should not order to prevent you from entering into the south
region under section 144 (iii) of Cr.P.C. and you have failed to represent before me
and thereby violated the conditions imposed by Court;
PART-I ]
LA GAZETTE DE L’ETAT
521
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 2nd day of May 2017.
N. UDAYAKUMAR,
Subdivisional Magistrate (South).
————
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