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La Gazette de L' État de Poudouchéry The Gazette of Puducherry
PART - I
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No. 9 Poudouchéry Mercredi 22 Janvier 2020 (2 Magha 1941)
No. Puducherry Wednesday 22nd January 2020
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru T. SUDHAKAR,
Subdivisional Magistrate (North).
M.C. No. 510/2019, I.R.No. 83/2019 under section 144 of Cr.P.C./97
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
To
Thiru Manikandan @ Sathish @ Mambazam Sathish (23), S/o. Dharmaraj, No. 58, Sudalai Street, Manaveli, Ariyankuppam, Puducherry.
Whereas, it has been submitted by the Station House Officer, Ariyankuppam 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;
[ 29 ]LA GAZETTE DE L'ETAT [ PART-I 3 0 30 And whereas, I am convinced of your involvement in various criminal cases as under–
1. Cr.No. 23/2015 under sections 323, 324, 506(ii) IPC r/w 34 IPC, dated 17-02-2015 – Pending Trial.
2. Cr.No. 79/2015 under sections 147, 148, 294(b), 323, 324, 506(ii) IPC r/w 149 IPC, dated 15-06-2015 – Pending Trial.
3. Cr.No. 01/2016 under sections 147,148, 307, 341, 324, 323 IPC r/w 149 IPC, dated 01-01-2016 – Pending Trial.
And whereas, it is evident from the above cases that you have involved in committing 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, Ariyankuppam Police Station, Puducherry, has filed a case against you vide IR.No. 83/2019 under section 144 of Cr.P.C., dated 27-09-2019. It is stated by the Station House Officer, Ariyankuppam Police Station, that you have formed a gang of rowdies and bent upon indulging in crime such as attempt to murder, hurt, assault, rioting, 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 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 are involving in various offences by using aruval, knife to attack the victims. You also violated the conditions imposed by the Criminal Courts and have scant respect to the Judiciary and rule of Law and 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, Ariyankuppam Police Station, further submitted that if, you are allowed to reside in Ariyankuppam limits, it is apprehended that you would continue to indulge in serious offences like murder, hurt, rioting, 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, Ariyankuppam 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 two 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 31And whereas, summon was served for your appearance on 08-01-2020 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, hurt, assault, damages to public and private properties, 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, T. Sudhakar, Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under Code of Criminal Procedure, 1973 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 08th day of January, 2020.
T. SUDHAKAR, Subdivisional Magistrate (North).
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