[1649]
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)
AT VILLIANUR
Present : Thiru N. UDAYAKUMAR,
Subdivisional Magistrate (South).
M.C. No. 324/2017 I.R. No. 32/2017
ORDER UNDER SECTION 144 of Cr. P.C.
To
Thiru Mathi @ Mathiyarasan (22),
S/o. Balakrishnan,
No. 36, D.B.G. Nagar,
Kalitheerthalkuppam 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 you have involved in various offences
against public tranquility, offences affecting property 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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20 {
No.
147
Poudouchéry
Mercredi
20
Septembre
2017 (29 Bhadra 1939)
No.
Puducherry
Wednesday
20th
September
2017
LA GAZETTE DE L'ETAT
[PART - I
1650
And whereas, I am convinced of your involvement in various criminal
cases under (1) Cr. No. 78/2015 under sections 294(b), 323, 506(i) IPC r/w 34 IPC,
dated 2-10-2015 of Thirubuvanai Police Station, Puducherry, (2) Cr. No. 11/2015
under section 107 Cr. P.C., dated 9-12-2015 of Thirubuvanai Police Station,
Puducherry, (3) Cr. No. 63/2016 under sections 6 and 7 of POSCO Act, 2012, dated
6-7-2016 of Thirubuvanai 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, Thirubuvanai Police Station has
filed a case against you vide FIR No. 32/2017 under section 144 of Cr. P.C., dated
8-7-2017. It is stated by the Station House Officer, Thirubuvanai Police Station,
that you are habitually indulging in crime such as threatening important persons
and petty shop owners directly for money to maintain your group, damaging the
property and making disturbance to the public tranquility and order and you have
created panic in the minds of local inhabitants, farmers and business community
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
have received reliable information that you are desperate and is in dire need of
money 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
of retaliation;
And whereas, the Station House Officer, Thirubuvanai Police Station
further, submitted that you are in the habit of threatening, extortion, damages
public and private properties, and hurt cases in various offences. 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 threatening, extortion, damages to public and private properties, and
hurt cases, etc., and thereby emerged as a perennial source of threat to the
community and disturb public peace and order. Hence, the Station House Officer,
Thirubuvanai Police Station has prayed to invoke provisions under sections 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 three months as to prevent danger to
the human life and properties and disturbance to the public tranquility and order;
And whereas, summons were served for your appearance on 24-8-2017
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, Thirubuvanai Police
Station 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 Cr. P.C. against you;
PART - I]
LA GAZETTE DE L'ETAT
1651
online publication at “http://styandptg.puducherry.gov.in”
Government Central Press
Directorate of Stationery and Printing
Puducherry - 605 009
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 an 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 the 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 three 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 2017.
N. UDAYAKUMAR,
Subdivisional Magistrate (South).
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