IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru T. SUDHAKAR,

Subdivisional Magistrate (North).

M.C. No. 39/2020, I.R.No. 24/2020 under section 144 of Cr.P.C./2074

ORDER

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

Thiru Tamizhselvan @ Chandru (20),

S/o. Sagadevan,

No. 21/A.T, Block,

Government Quarters,

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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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - I

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29 {

No.

158

Poudouchéry

Jeudi

Octobre

2020 (7 Kartika 1942)

No.

Puducherry

Thursday

29th

October

2020

[ 815 ]

816

LA GAZETTE DE L’ETAT

[ PART-I

816

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

under:

1. Cr. No. 105/2019 under sections 294(b), 324, 506(II) IPC r/w 34 IPC, dated

10-10-2019 of Lawspet Police Station, Puducherry – Pending Trial.

2. Cr. No. 88/2019 under sections 120(b), 148, 341, 324, 307, 302, 109 IPC

r/w 149 IPC & 3 of Explosives Substances Act, 1908, dated 10-11-2019

of Muthialpet Police Station, Puducherry – Under Investigation.

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, Lawspet Police Station,

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

Superintendent of Police (North), Puducherry vide IR.No. 24/2020 under section

144 of Cr.P.C., dated 30-05-2020. It is stated by the Station House Officer, Lawspet

Police Station that you have formed a gang of rowdies and bent up on indulging in

crime such as murder, hurt, explodes country made bombs, assault, criminal

intimidation, obstructions, annoyance, damages 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 IR 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.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 up on 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 two

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 murder, hurt, extortion, explodes

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

intimidation, obstructions, annoyance, etc., and thereby become a perennial source

of threat to the community and disturb public peace and order. Such situations

PART-I ]

LA GAZETTE DE L’ETAT

817

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 the 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 21st day of October, 2020.

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. 40/2020, I.R.No. 33/2020 under section 144 of Cr.P.C./2070

ORDER

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

Thiru Mohan @ Mohanasundaram (37),

S/o. Nataraj,

No. 40, Pillaiyar Koil Street,

Karuvadikuppam,

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;

818

LA GAZETTE DE L’ETAT

[ PART-I

818

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

under:

1. Cr.No. 34/2012 under sections 147 , 148, 341, 307, 427, 109 IPC r/w 149

IPC of Lawspet Police Station, Puducherry.

2. Cr.No. 117/2012 under section 27 of Arms Act, 1959 & 34 B-IX of PP

Act of Lawspet Police Station, Puducherry.

3. Cr.No. 147/2012 under sections 468, 471, 419, 420 IPC r/w 34 IPC of

Odiansalai Police Station, Puducherry – Pending Trial.

4. Cr.No. 134/2013 under section 34 B-IX of PP Act of Lawspet Police

Station, Puducherry – Convicted.

5. Cr.No. 170/2014 under sections 143, 147, 148, 341, 307, 506(ii) IPC r/w

149 IPC of Lawspet Police Station, Puducherry – Pending Trial.

6. Cr.No. 56/2018 under section 188 IPC of Lawspet Police Station,

Puducherry – Pending Trial.

7. Cr.No. 436/2018 under sections 341, 302, 120(B), 114 IPC r/w 34 IPC of

Auroville Police Station, Tamil Nadu – Pending Trial.

8. Cr.No. 108/2019 under section 20(b)(ii)(A) r/w 8(c) of NDPS Act, 1985

of Lawspet Police Station, Puducherry – Under Investigation.

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, Lawspet Police Station,

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

Superintendent of Police (North), Puducherry vide IR.No. 33/2020 under section

144 of Cr.P.C., dated 05-06-2020. It is stated by the Station House Officer, Lawspet

Police Station that you have formed a gang of rowdies and bent up on indulging in

crime such as murder, robbery, dacoity, hurt, assault, criminal intimidation,

obstructions, annoyance, damages 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 IR 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.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

PART-I ]

LA GAZETTE DE L’ETAT

819

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 up on 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

two 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 murder, assault, extortion,

damages to public and private properties, assault, obstructions, annoyance explodes

country made bombs, 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;