[ 11 ]

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru T. SUDHAKAR,

Subdivisional Magistrate (North).

M.C. No. 855/2019, I.R. No. 145/2019 Under Section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr. P.C.)

Thiru Udhayakumar (28),

S/o. Dhandapani,

No. 618, Bharathidasan Street,

Ashok Nagar, Lawspet, Puducherry.

Whereas, it has been submitted by the Station House Officer, Lawspet Police

Station, Puducherry, that you are involving 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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PART - I

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7 {

No.

Poudouchéry

Mardi

Janvier

2020 (17 Pausa 1941)

No.

Puducherry

Tuesday

7th

January

2020

1 2

LA GAZETTE DE L’ETAT

[ PART-I

And whereas, I am convinced of your involvement in various criminal cases

as under–

1. Cr.No. 105/2012 under section 27 of Arms Act, 1959 r/w 34 IPC

@ 143, 150 IPC, 27 of Arms Act, 1959 and section 4 and 5 of

Explosives Substances Act r/w 149 IPC, dated 19-08-2012 of

Lawspet Police Station – Pending Trial.

2. Cr. No. 73/2018 under section 27 of Arms Act, 1959 and 34 B IX

PP Act @ 143, 120(b) IPC, 27 of Arms Act, 1959 r/w 149 IPC of

Lawspet Police Station, dated 17-06-2018 – Pending Trial.

And whereas, it is evident from the above cases that you have involved in

commiting serious offences which would endanger the life of innocent public and

their peace and order. 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, Lawspet Police Station,

Puducherry, has filed a case against you with the recommendation of the

Superintendent of Police (North), Puducherry, vide IR.No. 145/2019 under section

144 of Cr.P.C., dated 26-11-2019. 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 explodes country made bombs, arms act, assault, criminal intimidation,

obstructions, annoyance, damage to public and private properties 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 I.R 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 trail 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, 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;

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 extortion, explodes country

made bombs, damages to public and private properties, assault, criminal intimidation,

PART-I ]

LA GAZETTE DE L’ETAT

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, wherein, it

necessitates to maintain law and order and the given time constraint, serving of

notice to you as provided under the code could not be followed and 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;

And whereas, in the view of urgency of matter this is ex parte;

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, 1973 do hereby prohibit you under section 144(2) 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 the 31st day of December, 2019.

T. SUDHAKAR,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru T. SUDHAKAR,

Subdivisional Magistrate (North).

M.C. No. 856/2019, I.R.No. 146/2019 under section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr. P.C.)

Thiru Sarath @ Sarathkumar (26),

S/o. Singaravel,

No. 9, 4th Cross,

Tagore Nagar, Lawspet,

Puducherry.

Whereas, it has been submitted by the Station House Officer, Lawspet Police

Station, Puducherry, that you are involving 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 4

LA GAZETTE DE L’ETAT

[ PART-I

And whereas, I am convinced of your involvement in various criminal cases

as under–

Cr. No. 33/2017 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

15-2-2017 – Pending Trial.

Cr. No. 141/2013 under section 4(b) Explosive Substance, Act, 1908 r/w

149 IPC and 109 IPC of ‘D’ Nagar Police Station – Pending Trial.

Cr. No. 38/13 under section 324, 506(II) r/w 34 IPC of Lawspet Police

Station – Pending Trial.

Cr. No. 70/2017 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.

Cr. No. 12/2019 under section 27 of Arms Act and 34 BIX of PP Act

of Lawspet Police Station – Pending Trial.

And whereas, it is evident from the above cases that you have involved

in commiting serious offences which would endanger the life of innocent public

and their peace and order. 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, Lawspet Police Station,

Puducherry, has filed a case against you with the recommendation of the

Superintendent of Police (North), Puducherry vide IR.No. 146/2019 under section

144 of Cr.P.C., dated 08-12-2019. 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, explosive cases, rioting, assault, criminal intimidation,

obstructions, annoyance, damage to public and private properties 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, it is also stated in the I.R 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. It is further stated that you also earned