[ 123 ]
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)
AT VILLIANUR, PUDUCHERRY
Present : Thiru SHASHVAT SAURABH, I.A.S.
Subdivisional Magistrate (South).
M.C. No. 734/2018, I.R. No. 112/2018 U/s. 144 of Cr.P.C.
ORDER
(UNDER sECTION 144 OF Cr. P.C.)
To
Thiru Kovaithambi (34),
S/o. Thiru Kesavan,
No. 18, Middle Street,
Koodapakkam, 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;
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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
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|
7 {
No.
20
Poudouchéry
Jeudi
7
Février
2019 (18 Magha 1940)
No.
Puducherry
Thursday
7th
February
2019
124
LA GAZETTE DE L’ETAT
[ PART-I
124
And whereas, I am convinced of your involvement in various criminal cases
under (1) Cr. No. 375/2011 under section 448, 427, 506(1) r/w 34 IPC, dated 17-10-2011
of Villianur Police Station, Puducherry, (2) Cr. No. 80/2012 under section 294(b),
323, 506 (ii) r/w 34 IPC, dated 2-3-2012 of Villianur Police Station, Puducherry and
your vengeful acts along with your accomplices against your opponents have
created panic in the minds of the people;
And whereas, the Station House Officer, Villianur Police Station, has filed
a case against you vide IR No. 112/2018 under section 144 of Cr.P.C., dated 21-11-2018.
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 hurt, 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
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, the Station House Officer, Villianur Police Station further
submitted that if, you are allowed to reside in Puducherry limits, it is apprehended
that you would continue to indulge in serious offences like hurt, criminal
intimidation, rioting, etc., and thereby emerged as a perennial source of threat to
the community and disturb public peace and order;
And whereas, summons were served for your appearance on 3-1-2019,
31-1-2019 to file your explanation/objection as to why the Subdivisional Magistrate
(South), Villianur, Puducherry, should not order to prevent you from entering into
the south region under section 144 (3) of Cr.P.C. You have putforth 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 hurt, criminal intimidation, rioting
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, Shashvat Saurabh, I.A.S.
Subdivisional Magistrate (South), Villianur, Puducherry, 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 jurisdiction of
Subdivisional Magistrate Court (South) for a period of one month 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 31st day of January 2019.
SHASHVAT SAURABH, I.A.S.
Subdivisional Magistrate (South).
PART-I ]
LA GAZETTE DE L’ETAT
125
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)
AT VILLIANUR, PUDUCHERRY
Present : Thiru SHASHVAT SAURABH, I.A.S.
Subdivisional Magistrate (South).
M.C. No. 740/2018, I.R. No. 32/2018 U/s. 144 of Cr.P.C.
ORDER
(UNDER sECTION 144 OF Cr. P.C.)
To
Thiru Oviyan @ Irusappan @ Arumugam (29),
S/o. Thiru Kaliyamoorthy,
Ambedkar Nagar,
Katterikuppam Colony, 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;
And whereas, I am convinced of your involvement in various criminal cases
under (1) Cr. No. 136/2003 under section 342, 324, 506(1) r/w 34 IPC, dated 15-5-2003
of Villianur Police Station, Puducherry, (2) Cr. No. 549/2003 under section 324, 506
r/w 34 IPC, dated 18-12-2003 of Villianur Police Station, Puducherry, (3) Cr. No. 251/2004
under section 294, 427 r/w 34 IPC, dated 16-4-2004 of Villianur Police Station,
Puducherry, (4) Cr. No. 501/2004 under section 341, 323, 506 r/w 34 IPC,
dated 1-9-2004 of Villianur Police Station, Puducherry, (5) Cr. No. 56/2006 under
section 324, 506(ii) IPC, dated 10-2-2006 of Villianur Police Station, Puducherry,
(6) Cr. No. 142/2006 under section 294, 354, 506(ii) r/w 34 IPC, dated 6-4-2006 of
Villianur Police Station, Puducherry, (7) Cr. No. 259/2007 under section 147, 448,
436, 302 r/w 149 IPC, dated 29-8-2007 of Villianur Police Station, Puducherry,
(8) Cr. No. 116/2010 under section 341, 323, 506(i) r/w 34 IPC, dated 17-3-2010 of
Villianur Police Station, Puducherry, (9) Cr. No. 184/2012 under section 294, 324,
506(ii) r/w 34 IPC, dated 24-5-2012 of Villianur Police Station, Puducherry,
(10) Cr. No. 268/2012 under section 294, 324, 506(ii) r/w 34 IPC, dated 21-9-2012 of
Villianur Police Station, Puducherry, (11) Cr. No. 20/2013 under section 25 1-A of
ARs Act, 1959, dated 9-4-2013 of Katterikuppam Police Station, Puducherry,
(12) Cr. No. 45/2014 under section 324, 506(ii) r/w 34 IPC, dated 3-3-2004 of Villianur
Police Station, Puducherry, (13) Cr. No. 48/2018 under section 323, 506(i), dated
19-10-2018 of Sedarapet Police Station, Puducherry and your vengeful acts along
with your accomplices against your opponents have created panic in the minds of
the people;
And whereas, the Station House Officer, Katterikuppam Police Station, has
filed a case against you vide IR No. 32/2018 under section 144 of Cr.P.C., dated
3-12-2018. It is stated by the Station House Officer, Katterikuppam Police Station
that you have formed a gang of rowdies and bent upon indulging in crime such as
murder, theft, intimidation, rioting and making disturbance to the public tranquility
and order and you have created panic in the minds of local inhabitants and the
farmer 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;
126
LA GAZETTE DE L’ETAT
[ PART-I
126
online publication at “https://styandptg.py.gov.in”
Published by The Director, Government Press
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And whereas, it is also stated in the FIR that the Station House Officer
has received reliable information that you are desperate and is 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.
And whereas, the Station House Officer, Katterikuppam Police Station
further submitted that you are in the habit of motivating young person to involve
in various offences by using aruval, knife and explosive substances to attack the
victims. 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;
And whereas, summons were served on you for your appearance on
3-1-2019 to file your explanation/objection as to why the Subdivisional Magistrate
(South), Villianur, Puducherry, should not order to prevent you from entering into
the south region under section 144 (iii) of Cr.P.C. and you have 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 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, Shashvat Saurabh, I.A.S.
Subdivisional Magistrate (South), Villianur, Puducherry 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 31st day of January 2019.
SHASHVAT SAURABH, I.A.S.
Subdivisional Magistrate (South).