[ 2289 ]
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)
AT VILLIANUR, PUDUCHERRY
Present : Thiru SHASHVAT SAURABH, I.A.S.,
Subdivisional Magistrate (South).
M.C. No. 573/2019, I.R. No. 32/2019 Under Section 144 of Cr.P.C./703
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
To
Thiru Rajesh @ Rajeshkumar (25),
S/o. Kandhan,
No. 19, Murugan Koil Street,
Bahourkuppam,
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 human body and that you have
become a perennial source of threat to the community, public peace and order;
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18 {
No.
193 Poudouchéry
Vendredi
18
Octobre
2019 (26 Asvina 1941)
No.
Puducherry
Friday
18th
October
2019
2290
LA GAZETTE DE L’ETAT
[ PART-I
2290
And whereas, I am convinced of your involvement in various criminal
cases under (1) Cr.No. 140/2010 under sections 324, 323, 506(ii) r/w 34 IPC of
Lawspet Police Station, Puducherry, (2) Cr.No. 192/2010 under sections 341, 294,
324, 323, 506(ii) r/w 34 IPC of Lawspet Police Station, Puducherry, (3) Cr.No.14/
2016 under sections 294b, 506(ii) r/w 34 IPC of Lawspet Police Station, Puducherry,
(4) Cr.No. 38/2013 under section 151 Cr.P.C. of Lawspet Police Station, Puducherry,
(5) Cr.No. 274/2017 under section 302 IPC of Auroville Police Station, Tamil Nadu,
(6) Cr.No. 46/2017 under sections 324, 506(ii) r/w 34 IPC of Lawspet Police Station,
Puducherry, (7) Cr.No. 126/2018 under sections 294b, 323, 324, 506(ii) r/w 34 IPC
of Bahour Police Station, Puducherry, (8) Cr.No. 173/2018 under sections 294b,
448, 427, 506(ii) r/w 34 IPC, (9) Cr.No. 50/2019 under sections 399, 402, IPC @
399, 402, 120-B, 144 IPC r/w 149 IPC and section 27(1) of Arms Act and section 3 of
Explosive Substances Act altered to 120-B/W 302, 144 IPC r/w 149 IPC section 27(1)
of Arms Act & section 3 of Explosive Substances Act of Bahour 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 of Bahour Police Station has filed
a case against you vide IR.No. 32/2019 under section 144 of Cr.P.C., dated
23-09-2019. It is stated by the Station House Officer, Bahour Police Station that
you have formed a gang of rowdies and bent upon indulging in crime such as
assault, rioting criminal intimidation, obstruction, annoyance, 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. It is
also stated that you 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, Bahour Police Station, further
submitted that if, you are allowed to reside in the Subdivisional Magistrate (South)
Jurisdiction 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 14-10-2019
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 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 this 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;
PART-I ]
LA GAZETTE DE L’ETAT
2291
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 this 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, 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 14th day of October, 2019.
SHASHVAT SAURABH, I.A.S.,
Subdivisional Magistrate (South).
————
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