[ 741 ]
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.
To
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;
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2017 }
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2 {
No.
75
Poudouchéry
Vendredi
2
Juin
2017 (12 Jyaistha 1939)
No.
Puducherry
Friday
2nd
June
2017
742
LA GAZETTE DE L’ETAT
[ PART-I
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,
Subdivisional Magistrate (South).
————
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