[1901 ]
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru T. SUDHAKAR,
Subdivisional Magistrate (North).
M.C. No. 308/2019, I.R. No. 92/2019 Under Section 144 of Cr.P.C./1931
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
To
Thiru Sarath@Sarathkumar (25),
S/o. Singaravel,
No. 09, 4th Cross, Tagore Nagar,
Lawspet, 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 involed 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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5 {
No.
128
Poudouchéry
Lundi
5
Août
2019 (14 Sravana 1941)
No.
Puducherry
Monday
5th
August
2019
1902
LA GAZETTE DE L’ETAT
[ PART-I
1902
And whereas, I am convinced of your involvement in various criminal cases
under;
1.
Cr.No. 33/17 under sections 147, 148, 302, 201 IPC r/w 149 IPC @ 147,
148, 342, 302, 201 IPC r/w 149 IPC of D’ Nagar Police Station, dated
15-02-2017 – Pending Trial.
2.
Cr.No. 141/13 under section 4(b) Explosive Substance Act 1908 r/w
149 IPC and 109 IPC of D’ Nagar Police Station, dated 15-02-2017 –
Pending Trial.
3.
Cr.No. 38/13 under sections 324, 506(II) r/w 34 IPC of Lawspet Police
Station – Pending Trial.
4.
Cr.No. 70/17 under section 25 (i-A) of Arms Act 1959 r/w 34 IPC @
109,120(b) IPC and 25 (i-A) of Arms Act 1959 r/w 34 IPC of Lawspet
Police Station – Pending Trial.
5.
Cr.No. 12/19 under section 27 of Arms Act and 34 BIX of PP Act of
Lawspet Police Station – Pending Trial 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, Lawspet Police Station,
Puducherry, has filed a case against you vide IR.No. 92/2019 under section 144 of
Cr.P.C., dated 28-04-2019. It is stated by the Station House Officer, Lawspet Police
Station that you have formed a gang of rowdies and bent upon indulging in crime
such as murder, assault, intimidation, rioting, theft, damage the property and
disturbance to the public tranquility and order, and you have created panic in the
minds of local inhabitants and the 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 IR that the Station House Officer have
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 busisness people in the Puducherry area and extort
money from them by threatening, but, the public do not come forward to lodge any
complaints 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, Lawspet Police Station further
submitted that if you, are allowed to reside in Lawspet limits, it is apprehended
that you would continue to indulge in serious offences like 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,
Lawspet Police Station has prayed to invoke provisions under section 144 of Cr.P.C.
against you not to enter into the jurisdiction of this Court for a period of six months
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
1903
And whereas, summon were served for your appearance on 01-08-2019, to
file your explanation/objection as to why the Subdivisional Magistrate (North),
Puducherry should not order to prevent you from entering into the North region
under section 144 of Cr.P.C. 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 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 distrurb public peace
and order. Such situations cannot be handeled 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, T. Sudhakar,
Subdivisional Magistrate (North), 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 (North) 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. However, you may appear either in person or by
Pleader before the undersigned to represent against this order.
At Puducherry, dated this the 1st day of August 2019.
T. SUDHAKAR,
Subdivisional Magistrate (North).
————
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