[ 675 ]
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (SOUTH)
AT VILLIANUR
Present : Thiru N. UDAYAKUMAR,
Subdivisional Magistrate (South).
M.C. No. 15/2017
ORDER UNDER SECTION 144 of Cr. P.C.
To
Thiru Jeeva @ Jeevarathinam (30),
S/o. Muthukrishnan,
No. 44, 1st Plot,
Pudu Nagar, Kanuvapet,
Villianur, 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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25 {
No.
70
Poudouchéry
Jeudi
25
Mai
2017 (4 Jyaistha 1939)
No.
Puducherry
Thursday
25th
May
2017
676
LA GAZETTE DE L’ETAT
[ PART-I
676
And whereas, I am convinced of your involvement in various criminal cases
under (1) Cr. No.15/2011 under sections 147, 148, 302, 324, IPC r/w 149 IPC, dated l2-1-2011
of Villianur Police Station, Puducherry, (2) Cr. No. 467/2011 under section 144 of Cr. P.C,
dated 13-12-2011 of Villianur 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, Villianur Police Station has filed a
case against you vide FIR No. 02/2017 under section 144 of Cr. P.C, dated 17-1-2017.
It is stated by the Station House Officer, Villianur Police Station that you have
formed a gang of rowdies and bent upon indulging in crime such as murder, theft,
intimidation, hurt, 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 and you are motivating and instigating young criminals
to commit offence by supplying money and material. 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, Villianur Police Station further
submitted that you are in the habit of motivating young person's to involve 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, Villianur 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, summon was served 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. The Station House Officer stated that public are not
coming to give complaints against you, General Diary entries are made. You putforth
your side which is not convincing for not invoking section 144 of Cr.P.C. against you;
PART-I ]
LA GAZETTE DE L’ETAT
677
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 11th day of May 2017.
N. UDAYAKUMAR,
Subdivisional Magistrate (South).
————
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (SOUTH)
AT VILLIANUR
Present : Thiru N. UDAYAKUMAR,
Subdivisional Magistrate (South).
M.C. No. 73/2017
ORDER UNDER SECTION 144 of Cr. P.C.
To
Thiru Subash (28),
S/o. Murthy,
PIPDIC Street,
Pillyarkuppam,
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;
678
LA GAZETTE DE L’ETAT
[ PART-I
678
And whereas, I am convinced of your involvement in various criminal cases
under (1) Cr. No.129/2008 under sections 147, 324, 427, 506 (ii) IPC r/w 149 IPC,
dated13-06-2008 of Kirumampakkam Police Station, (2) Cr. No.131/08 under sections
147, 148, 458, 427, 324, 506 (ii) IPC r/w 149 IPC, dated14-6-2008 of Kirumampakkam
Police Station, (3) Cr. No.157/2008 under section 107 Cr. P.C., dated 7-7-2008 of
Kirumampakkam Police Station, (4) Cr. No. 225/2008 under section 151 @ 107 of
Cr. P.C., dated 1-9-2008, of Kirumampakkam Police Station, (5) Cr. No. 227/08 under
section 25(a) of Arms Act 1959, dated 1-9-2008 of Kirumampakkam Police Station,
(6) Cr. No. 283/08 under sections 147,148, 452 ,427, 294, 506 (ii) IPC r/w 149 IPC,
dated 1-11-2008 of Kirumampakkam Police Station, (7) Cr. No. 86/2009 under section
4.6 of Explosive Substances Act, 1908 r/w 149 IPC, dated 20-4-2009 of Lawspet
Police Station Puducherry, (8) Cr. No.13/2009 under section 160 IPC r/w 149 IPC,
dated 21-9-2009, (9) Cr. No.51/09 under sections 341, 323 IPC r/w 34 IPC, dated 16-9-2008
of Kirumampakkam Police Station, (10) Cr. No. 71/09 under section 107 Cr. P.C., dated
7-4-2009 of Kirumampakkam Police Station, (11) Cr. No. 100/11 under sections 147,
148, 294, 452, 506 (ii) IPC r/w 149 IPC, dated 13-4-2011of Kirumampakkam Police
Station, (12) Cr. No.102/2011 under sections 147, 148, 452, 427, 435, 506 (ii) IPC r/w
149 IPC, dated 14-4-2011of Kirumampakkam Police Station, (13) Cr. No. 120/2011
under section 144 Cr. P.C., dated 10-5-2011 of Kirumampakkam Police Station,
(14) Cr. No. 47/2011 under section 110 of Cr. P.C., dated 5-3-2011 of Kirumampakkam
Police Station, (15) Cr. No.166/2011 under section 144 of Cr. P.C., dated 18-7-2011
of Kirumampakkam Police Station, (16) Cr. No. 224/2011 under section 144 Cr. P.C.,
dated 21-9-2011 of Kirumampakkam Police Station, (17) Cr. No. 275/2011 under
sections 294, 323, 506 (ii) IPC, dated 25-l 1-2011 of Kirumampakkam Police Station,
(18) Cr. No. 285/2011 under section 144 of Cr. P.C., dated 3-1-2011 of Kirumampakkam
Police Station, (19) Cr. No.99/2012 under sections 366, 376 IPC, dated 4-8-2012 of
Kirumampakkam Police Station, (20) Cr. No. 87/2012 under sections 356, 379 r/w
511 IPC, dated 22-7-2012 of Kirumampakkam Police Section, (21) Cr. No. 18/2012
under section 144 of Cr. P.C., dated 24-10-2012 of Kirumampakkam Police Station,
(22) Cr. No. 23/2014 under section 107 of Cr. P.C., of Kirumampakkam Police Station,
(23) Cr. No.12/2015 under section 110 of Cr. P.C., dated 20-2-2015 of Kirumampakkam
Police Station, (24) Cr. No.10/2016 under section 110 of Cr. P.C., dated 15-3-2016 of
Kirumampakkam Police Station, (25) Cr. No. 80/2017 under sections 147, 148, 307,
324 r/w 34 IPC of Kirumampakkam Police Station, dated 13-6-2017 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, Kirumampakkam Police Station
has filed a case against you vide FIR. No. 04/2017 under section 144 of Cr. P.C.,
dated 27-2-2017. 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 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;
PART-I ]
LA GAZETTE DE L’ETAT
679
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, summons was served to 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 (3) of Cr. P.C. and you have failed to represent before
me and thereby violated the conditions imposed by the Court;
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 11th day of May 2017.
N. UDAYAKUMAR,
Subdivisional Magistrate (South).
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