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Puducherry Gazette · Government of Puducherry

M.C. No. 198/2021, I.R.No. 35/2021 under section 144 of Cr.P.C/1232.

Published 30 June 2021

Department
THE SUBDIVISIONAL MAGISTRATE (NORTH) PUDUCHERRY
Type
Extraordinary
Gazette no.
128
Part
I
Category
ORDER
Identifier
in.gazette.puducherry.2021-06-30.extraordinary-i-issue-128
Languages
English, Tamil, French
Published at
Original source ↗

Registered No. PY/44/2021-23 Registered with the Registrar of Newspapers for India under No. 10410 Amflºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry

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No. 128 Poudouchéry Mercredi 30 Juin 2021 (9 Asadha 1943)

No. Puducherry Wednesday 30th June 2021

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 198/2021, I.R.No. 35/2021 under section 144 of Cr.P.C/1232

ORDER

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

State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs

Bala @ Balachandar (28), S/o. Balaraman, No. 35, Mariamman Koil Street, Kalmedupet, Puducherry.

. . Counter Petitioner

[1583]LA GAZETTE DE L'ETAT [ PART-I 1584 1584 This petition along with case sheet is filed by the Station House Officer, Mettupalayam Police Station, Puducherry praying to pass orders under section 144 of Cr.P.C against Thiru Bala @ Balachandar to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Bala @ Balachandar (28), son of Balaraman, a resident of No. 35, Mariamman Koil Street, Kalmedupet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station with the recommendation of the Superintendent of Police (North), Puducherry vide I.R. No. 35/2021, under section 144 of Cr.P.C, dated 10-06-2021. Therein, it has been stated that the Counter Petitioner has indulging in crime such as murder, extortion, theft, intimidation and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants. It is also stated that he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

1. Cr. No. 158/2020 under sections 147, 148, 302 IPC @ 109, 120(B), 147, 148, 302, 449 IPC, dated 28-08-2020 of Vanur Police Station, Tamil Nadu—Pending Trial.

2. Cr. No. 88/2020 under sections 457, 380 IPC @ 457, 380 IPC r/w 34 IPC, dated 05-06-2020 of Mettupalayam Police Station, Puducherry— Pending Trial.

3. Cr. No. 26/2020 under sections 294(b), 324, 506(II) IPC r/w 34 IPC @ 294 (b), 326, 506(II) IPC r/w 34 IPC, dated 03-01-2019 of Mettupalayam Police Station, Puducherry.

4. The Petitioner further submitted that the Counter Petitioner is young and energetic notorious rowdy element and become a source of terror among the public and he has involved in various offences by using aruval, knife to attack the victims. It is also stated that the Counter Petitioner violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in the Subdivisional Magistrate, (North) limits, it is apprehended that he would continue to indulge in serious offences like murder, assault, extortion, obstructions, annoyance, damages to public and private properties, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and Order. Hence, the Station House Officer, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do 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 of citizens and uphold public peace and order.

PART-I ] LA GAZETTE DE L'ETAT 1585

6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 18-06-2021 to appear for the hearing on 24-06-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his father, Thiru Balaraman. The service was held sufficient for the Counter Petitioner.

7. On 24-06-2021, the Petitioner represented by Thiru N. Bakthavachalam, Assistant Sub-Inspector of Police, Mettupalayam Police Station and the Counter Petitioner were present.

8. I have heard the Petitioner and carefully gone through all the available records in file placed by the Petitioner.

In the Police Information Report/Petition, it is stated that the activities of Thiru Bala @ Balachandar is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are three criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

9. Up on hearing both sides and on perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, the Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, extortion, obstructions, annoyance, damages to public and private properties, etc., and thereby emerged as 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 the Counter Petitioner to prevent harm to life and properties of citizens and uphold public peace and order.

Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Bala @ Balachandar (28), son of Balaraman, a resident of No. 35, Mariamman Koil Street, Kalmedupet, Puducherry, 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, the Counter Petitioner may represent against this Order before the undersigned by post or by Counsel.

At Puducherry, dated on this 24th day of June, 2021 pronounced in the open Court.

M. K ANDASAMY, Subdivisional Magistrate (North).

LA GAZETTE DE L'ETAT [ PART-I 1586 1586

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 199/2021, I.R.No. 38/2021 under section 144 of Cr.P.C/1234.

ORDER

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

State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs

Jeeva (20), S/o. Ezhumalai, No. 134, Odai Street, Gandhi Thirunallur, Muthirayarpalayam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer, Mettupalayam Police Station, Puducherry praying to pass orders under section 144 of Cr.P.C against Thiru Jeeva to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Jeeva (20) son of Ezhumalai, a resident of No. 134, Odai Street, Gandhi Thirunallur, Muthirayarpalayam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station with the recommendation of the Superintendent of Police (North), Puducherry vide I.R. No. 38/2021, under section 144 of Cr.P.C, dated 11-06-2021. Therein, it has been stated that the Counter Petitioner has indulging in crime such as murder, kidnapping, hurt and disturbance to the public tranquility and order. It is also stated that the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

1. Cr. No. 69/2019 under sections 148, 307 IPC, r/w 149 IPC, r/w 34 IPC, dated 24-08-2019 of Mettupalayam Police Station, Puducherry— Pending Trial.

2. Cr. No. 155/2020 under sections 148, 302, 120-B IPC, r/w 149 IPC, dated 14-10-2020 of Mettupalayam Police Station, Puducherry— Pending Trial.

PART-I ] LA GAZETTE DE L'ETAT 1587

4. The Petitioner further submitted that the Counter Petitioner is young and energetic notorious rowdy element and become a source of terror among the public The Counter Petitioner collects mamool through his associates from the business people at Mettupalayam and its surrounding areas. It is also stated that he is not a law abiding citizen and he has involved in various offences by using aruval, knif, country made bomb and other lethal weapons to attack the victims and scorn the judiciary and rule of law.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry limits, it is apprehended that he would continue to indulge in serious offences like murder, extortion, assault, obstructions, annoyance, damages to public and private properties, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and Order. Hence, the Station House Officer, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do 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 of citizens and uphold public peace and order.

6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 18-06-2021 to appear for the hearing on 24-06-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his sister, Tmt. K. Revathi. The service was held sufficient for the Counter Petitioner.

7. On 24-06-2021, the Petitioner represented by Thiru N. Bakthavachalam, Assistant Sub Inspector of Police, Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.

8. I have heard the Petitioner and carefully gone through all the available records placed before me.

In the Police Information Report/Petition, it is stated that the activities of Thiru Jeeva is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 2 criminal cases were registered against him in Mettupalayam Police Station.

9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, extortion, obstructions, annoyance, damages to public and private properties, etc., and thereby emerged as 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 the Counter Petitioner to prevent harm to life and properties of citizens and uphold public peace and order.

LA GAZETTE DE L'ETAT [ PART-I 1588 1588

Hence, I M. Kandasamy, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Jeeva (20), S/o. Ezhumalai, No. 134, Odai Street, Gandhi Thirunallur, Muthirayarpalayam, Puducherry, 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, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 24th day of June, 2021 pronounced in the open Court.

M. K ANDASAMY,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 200/2021, I.R.No. 39/2021 under section 144 of Cr.P.C/1233.

ORDER

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

State Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. . Petitioner

Vs

Sasikumar @Sasi (21),

S/o. Murugaperumal,

No. 50, Ilangoadigal Street,

Muthirayarpalayam,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, represented by B.R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C against Thiru Sasikumar @ Sasi to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Sasikumar @ Sasi (21), son of Murugaperumal, a resident of No. No. 50, Ilangoadigal Street, Muthirayarpalayam, Puducherry.

PART-I ] LA GAZETTE DE L'ETAT 1589

3. The facts which led up to the petition are briefly as follows: The case

is submitted by the Station House Officer, Mettupalayam Police Station, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R. No. 39/2021, under section 144 of Cr.P.C, dated 11-06-2021. Therein it has been stated that the Counter Petitioner has indulging in crime such as murder, kidnapping, hurt and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants. It is also stated that he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

1. Cr. No. 69/2019 under sections 148, 307 IPC, r/w 149 IPC, r/w 34 IPC, dated 24-08-2019 Mettupalayam Police Station, Puducherry—

Pending Trial.

2. Cr. No. 155/2020 under sections 148, 302, 120-B IPC, r/w 149 IPC, dated 14-10-2020 of Mettupalayam Police Station, Puducherry—

Under Investigation.

4. The Petitioner further submitted that the Counter Petitioner is young and energetic notorious rowdy element and become a source of terror among the public. The Counter Petitioner collects mamool through his associates from the business people at Mettupalayam and its surrounding areas. It is also stated that he is not a law abiding citizen and he has involved in various offences by using aruval, knife, country made bomb and other lethal weapons to attack the victims and scorn the judiciary and rule of law.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry limits, it is apprehended that he would continue to indulge in serious offences like murder, assault, extortion, obstructions, annoyance, damages to public and private properties, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do 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 of citizens and uphold public peace and order.

6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 18-06-2021 to appear for the hearing on 24-06-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received his mother, Tmt. M. Nagavalli.

The service was held sufficient for the Counter Petitioner.

LA GAZETTE DE L'ETAT [ PART-I 1590 1590

7. On 24-06-2021, the Petitioner represented by Thiru N. Bakthavachalam, Assistant Sub-Inspector of Police, Mettupalayam Police Station and the Counter Petitioner were present.

8. I have heard both sides and carefully gone through all the available records in file placed by the Petitioner.

In the Police Information Report/Petition, it is stated that the activities of Thiru Sasikumar @ Sasi is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are two criminal cases were registered against him in Mettupalayam Police Station. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

9. Up on hearing both sides and on perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, the Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, extortion, obstructions, annoyance, damages to public and private properties, etc., and thereby emerged as 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 the Counter Petitioner to prevent harm to life and properties of citizens and uphold public peace and order.

Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this Order and prohibit the Counter Petitioner Thiru Sasikumar @ Sasi (21) son of Murugaperumal, a resident of No. 50, Ilangoadigal Street, Muthirayarpalayam, Puducherry, 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, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 24th day of June, 2021, pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

————

online publication at "https://styandptg.py.gov.in" Published by the Director, Government Press, Puducherry.

Cite this issue. Puducherry Gazette, Government of Puducherry, 30 June 2021. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2021-06-30.extraordinary-i-issue-128/. Archive identifier in.gazette.puducherry.2021-06-30.extraordinary-i-issue-128.