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Puducherry Gazette · Government of Puducherry

M.C. No. 37/2020, I.R.No. 11/2020 under section 144 of Cr.P.C./2319.

Published 20 November 2020

Department
THE SUBDIVISIONAL MAGISTRATE (SOUTH)
Type
Extraordinary
Gazette no.
170
Part
I
Category
ORDER
Identifier
in.gazette.puducherry.2020-11-20.extraordinary-i-issue-170
Languages
English, Tamil, French
Published at
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No. 170 Poudouchéry Vendredi 20 Novembre 2020 (29 Kartika 1942)

No. Puducherry Friday 20th November 2020

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru T. SUDHAKAR,

Subdivisional Magistrate (North).

M.C. No. 37/2020, I.R.No. 11/2020 under section 144 of Cr.P.C./2319

ORDER

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

To

Thiru Niranjan (20), S/o. Murugan, Dr. Ramadass Street, Neruppukuzhi, 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;

[ 1005 ]LA GAZETTE DE L'ETAT [ PART-I 1006 1006 And whereas, I am convinced of your involvement in various criminal cases under:

1. Cr. No. 06/2020 under sections 143, 120(B) IPC and 27 of Arms Act 1959 and Section 5 of Explosive Substances Act 1908, r/w 149 IPC, dated 13-01-2019 of Lawspet Police Station, Puducherry – Under Investigation.

2. Cr. No. 73/2018 under sections 143, 120(b) IPC r/w 149 IPC and 27 of Arms Act 1959 of Lawspet Police Station, Puducherry – 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, Lawspet Police Station, Puducherry, has filed a case against you with the recommendation of the Superintendent of Police (North), Puducherry vide IR.No. 11/2020 under section 144 of Cr.P.C., dated 08-02-2020, and status report of the Station House Officer, Lawspet Police Station, dated 16-11-2020. It is stated by the Station House Officer, Lawspet Police Station, Puducherry that you have formed a gang of rowdies and bent up on indulging in crime such as murder, hurt, Arms Act, assault, intimidation, explodes country made bombs, 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, Puducherry, 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 hurt, assault, Arms Act, explodes country made bombs, criminal intimidation damages to public and private properties,PART-I ] LA GAZETTE DE L'ETAT 1007 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 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 16th day of November, 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. 38/2020, I.R.No. 14/2020 under section 144 of Cr.P.C./2320

ORDER

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

To

Thiru Pandiyarajan @ Pandian (31), S/o. Munusamy, No. 313, Janani Blossom Apartment, M-Cross, Krishna 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;

LA GAZETTE DE L'ETAT [ PART-I 1008 1008

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

1. Cr.No. 01/2010 under sections 27, of Arms Act, 1959, dated 05-03-2010 of D'Nagar Police Station, Puducherry – Pending Trial.

2. Cr.No. 149/2010 under section 150 IPC and 27 of Arms Act, 1959, dated 08-08-2010 of Lawspet Police Station, Puducherry – Pending Trial.

3. Cr.No. 08/2011 under sections 150, 399, 402, r/w 149 IPC and 27(i) of Arms Act, dated 12-01-2011 of Lawspet Police Station, Puducherry – Pending Trial.

4. Cr.No. 88/2019 under section 120(b), 148, 341, 324, 307, 302,109, IPC r/w 149 IPC and 3 of Explosive Substances Act 1908, dated 10-11-2019 of Muthialpet Police Station, Puducherry – 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, Lawspet Police Station, Puducherry, has filed a case against you with the recommendation of the Superintendent of Police (North), Puducherry vide IR.No. 14/2020 under section 144 of Cr.P.C., dated 12-03-2020 and status report of the Station House Officer, Lawspet Police Station, dated 16-11-2020. 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, dacoity, extrotion, assault, 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, Puducherry 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, Puducherry has prayed to invoke provisions under section 144 of Cr.P.C. against you not to enter into the jurisdiction of this Cour t for a period of six 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 1009

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, extortion, dacoity, criminal intimidation 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;

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 16th day of November, 2020.

T. SUDHAKAR, Subdivisional Magistrate (North).

————

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Cite this issue. Puducherry Gazette, Government of Puducherry, 20 November 2020. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2020-11-20.extraordinary-i-issue-170/. Archive identifier in.gazette.puducherry.2020-11-20.extraordinary-i-issue-170.