ORDER UNDER SECTION 144 of Cr. P.C.: M.C. No. 15/2017, Thiru Jack @ Jegan 23, S/o. Velu, criminal procedure f…

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   La Gazette de L' État de Poudouchéry The Gazette of Puducherry

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No. 75 Poudouchéry Vendredi 2 Juin 2017 (12 Jyaistha 1939)

No. Puducherry Friday 2nd June 2017

IN THE COURT OF THE 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.

Thiru Jack @ Jegan 23, S/o. Velu, No. 9, Last Street, Kannagi Nagar, 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;

[ 741 ]LA GAZETTE DE L'ETAT [ PART-I 742 742 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/e 149 IPC, dated 12-1-2011 of Villianur Police Station, Puducherry, (2) Cr.No. 220/12 under sections 294, 427, 506 (ii) r/w 34 IPC of Villianur Police Station, Puducherry, (3) Cr.No. 335/12 under sections 147, 148, 324, 323, 506 (ii) r/w 149 IPC and 73 of PDP Act of Villianur Police Station, Puducherry, (4) Cr.No. 05/13 under sections 147, 148, 324, 506 (ii) r/w 149 IPC Villianur Police Station, Puducherry, (5) Cr.No. 149/13 under section 25 (1-B) of Arms Act of Villianur Police Station, Puducherry, (6) Cr.No. 03/10 under sections 147, 148, 302, IPC r/w 34 IPC 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, Villianur Police Station has filed a case against you vide FIR No. 01/2017 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 persons 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 thereby 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(1)(2)(3) 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;

PART-I ] LA GAZETTE DE L'ETAT 743

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 (3) 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 put forth your side which is not convincing for not invoking section 144 of Cr.P.C. against you;

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 24th day of May 2017.

N. UDAYAKUMAR,