M.C. No. 393/2020, I.R. No. 29/2020 Under Section 144 of Cr.P.C./2616.

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No. 167 Poudouchéry Jeudi 12 Novembre 2020 (21 Kartika 1942)

No. Puducherry Thursday 12th November 2020

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)

AT VILLIANUR, PUDUCHERRY

Present : Thiru A. ASVIN CHANDRU, I.A.S.,

Subdivisional Magistrate (South).

M.C. No. 393/2020, I.R. No. 29/2020 Under Section 144 of Cr.P.C./2616

ORDER

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

To

Thiru Iyyappan @ Chinna Iyyappan (20), S/o. Babu, 30, 5th Cross, Natarajan Nagar, G.N. Palayam, Villianur, 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;

[ 971 ]LA GAZETTE DE L'ETAT [ PART-I 972 972 And whereas, I am convinced of your involvement in various criminal cases mentioned below:

Sl. Case Section under F.I.R. Station

No. details IPC/CR.P.C. date

(1) (2)

(3)

(4) (5)

1 106/2017 399, 402 IPC 19-06-2017 Villianur

2 66/2018 34 B IX & 34 E(1) of PP ACT 10-03-2018 Villianur

3 128/2018 294(b), 323, 506(ii) r/w 34 IPC 14-07-2018 Villianur

4 340/2018 336, 427 r/w 34 IPC 26-11-2018 Villianur

5 341/2018 336, 427 r/w 34 IPC 27-11-2018 Villianur

6 95/2018 34 B IX & 34 E(1) of PP ACT 04-11-2018 Mangalam 7 219/2019 147, 148, 323, 324, 307 r/w 149 IPC 28-09-2019 Villianur

8 404/2020 324, 506(ii) r/w 34 IPC 03-06-2020 Villianur

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, Villianur Police Station, Puducherry, has filed a case against you vide IR.No. 29/2020 under section 144 of Cr.P.C., dated 15-09-2020. It is stated by the Station House Officer, Villianur Police Station that you are indulging in crime such as assault, criminal intimidation, rioting and disturbance to the public tranquility and order, and you have created panic in the minds of local inhabitants. 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, the Station House Officer, Villianur 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 assault, criminal intimidation, rioting and disturbance to the public tranquility and order, 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 07-10-2020 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 and disturbance to the public tranquility and order, 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, your presence is a threat to public tranquility in Puducherry District and therefore, an immediate action is required for curtailing your illegal activities in the locality;

Now, therefore, based on the reasons stated above, I, A. Asvin Chandru, I.A.S., Subdivisional Magistrate (South), 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 Subdivisional Magistrate (South) Jurisdiction for 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 the order.

At Villianur, dated this 12th day of November, 2020.

A. ASVIN CHANDRU, I.A.S.,

Subdivisional Magistrate (South).

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