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La Gazette de L' État de Poudouchéry The Gazette of Puducherry
PART - I
➢ EXTRAORDINAIRE EXTRAORDINARY
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No. 1 Poudouchéry Mercredi 3 Janvier 2018 (13 Pausa 1939)
No. Puducherry Wednesday 3rd January 2018
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)
AT VILLIANUR
Present : Thiru N. UDAYAKUMAR,
Subdivisional Magistrate (South).
M.C. No. 105/2017, I.R. No. 08/2017 UNDER SECTION 144 of Cr.P.C.
ORDER UNDER SECTION 144 of Cr. P.C.
To
Natarajan (48), S/o. Munusamy, No. 3, Mariamman Koil Street, Ulavaikkal, 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 property and offences affecting human body and that you have become a perennial source of threat to the community, public peace and order;
[ 1 ]LA GAZETTE DE L'ETAT [ PART-I 2 2 And whereas, I am convinced of your involvement in various criminal cases under (1) Cr.No. 42/1986 under sections 147, 148, 302, 324, r/w 149 IPC, dated 01-03-1986 of Villianur Police Station, Puducherry, (2) Cr.No. 333/1995 under section 326 IPC, dated 03-12-1995 of Villianur Police Station, Puducherry, (3) Cr.No. 280/ 1997 under sections 341, 324, 323, 506(ii) r/w 34 IPC, dated 21-09-1997 of Villianur Police Station, Puducherry, (4) Cr.No. 183/1999 under section 324 IPC, dated 08-06-1999 of Villianur Police Station, Puducherry, (5) Cr.No. 02/2001 under sections 324,323, r/w 34 IPC, dated 05-01-2001 of Villianur Police Station, Puducherry, (6) Cr.No. 290/2003 under section 25(i)(a) of Arms Act, dated 26-08-2003 of Villianur Police Station, Puducherry, (7) Cr.No. 144/2008 under sections 341, 323 IPC, dated 23-05-2008 of Villianur Police Station, Puducherry, (8) Cr. No. 275/2009 under sections 324, 325 r/w 34 IPC, dated 11-08-2009 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. 08/2017 under section 144 of Cr. P.C, dated 28-03-2017. 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, criminal intimidation, rioting and disturbance to the public tranquility and order and you have created panic in the minds of local inhabitants and the farmer 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, 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 iron rod 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, theft, 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 (i) (ii) (iii) against you, not to enter into the jurisdiction of this 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 3And whereas, summon was served for your appearance on 19-07-2017 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. You put forth your side which is not convincing;
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 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 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 jurisdiction of Subdivisional Magistrate Court (South), 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 26th day of December 2017.
N. UDAYAKUMAR, Subdivisional Magistrate (South).
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