IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 42/2022, I.R.No. 5/2022 under section 144 of Cr.P.C./985

ORDER

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

State Represented by the Inspector of Police,

Lawspet Police Station,

Puducherry.

. .

Petitioner

Thiru Elladai @ Arun (24),

S/o. Ezhumalai,

No. 19, Gangai Amman Koil Street,

Karuvadikuppam, Lawspet,

Puducherry.

. .

Counter Petitioner

[ 221 ]

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No.

47 Poudouchéry

Mardi

Avril

2022 (15 Chaitra 1944)

No.

Puducherry

Tuesday

5th

April

2022

222

LA GAZETTE DE L’ETAT

[ PART-I

222

This petition along with case sheet is filed by the Inspector of Police,

Lawspet Police Station, Puducherry, praying to pass orders under section 144 of

Cr.P.C., against Thiru Elladai @ Arun 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 Thiru Elladai @ Arun (24), son of Ezhumalai a

resident of No. 19, Gangai Amman Koil Street, Karuvadikuppam, Lawspet,

Puducherry.

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

referred by the Sub-Inspector of Police, Lawspet Police Station, Puducherry, with

the recommendation of the Superintendent of Police (North), Puducherry vide

I.R.No. 05/2022 under section 144 of Cr.P.C., dated 18-02-2022. Therein, it has been

stated that the Counter Petitioner has formed a gang of rowdies and bent upon

indulging in crime such as murder, robbery case, violence, intimidation, assault,

disturbance to the public tranquility and order. The Counter Petitioner has created

panic in the minds of local inhabitants and the business people in the Lawspet

Police Station, Puducherry limits. 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. 128/2017 under sections 427, 506(II) r/w 34 IPC of Lawspet

Police Station, Puducherry – Pending Trial

2. Cr.No. 13/2020 under sections 143, 120(b), IPC and 27 Arms Act, 1959

and 5 of Explosive Substances Act, 1908 r/w 149 IPC – Pending Trial.

3. Cr.No. 45/2021 under sections 294(b), 324, 506(ii) IPC r/w 34 IPC of

Lawspet Police Station, Puducherry – Pending Trial.

4. Cr.No. 06/2022 under sections 147, 148, 427, 506(II) r/w 149 IPC – Under

Investigation.

4. The Petitioner has also submitted that the Counter Petitioner is a young

and very active notorious rowdy elements and have become a threat and menace

to the innocent people and therefore their criminal activities cannot be prevented

by invoking the mere security proceedings under the Cr.P.C.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed

to reside in Puducherry, it is apprehended that he would continue to indulge in

serious offences like assault, explodes country made bombs, criminal intimidation,

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 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, and disturbance to the public tranquility and order.

PART-I ]

LA GAZETTE DE L’ETAT

223

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 23-03-2022 to appear for the hearing on 29-03-2022. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Lawspet Police Station, Puducherry. The notice for the Counter

Petitioner was received by his mother Tmt. Malar. The service was held sufficient

for the Counter Petitioner.

7. On 29-03-2022, the Petitioner, represented by Thiru G. Kumar, Assistant

Sub-Inspector of Police, Lawspet 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 Elladai @ Arun (24) 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 assault, unlawful activities and disturbance to the

public peace and order. There are 4 criminal cases were registered against him.

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,

the Counter Petitioner will continue to indulge in and also motivate serious offences

like murder, assault, obstructions, annoyance, damages to public and private

properties, 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 the Counter Petitioner to prevent harm to life and properties of

citizens and uphold public peace and order.

10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1)

of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Elladai @ Arun (24), son of Ezhumalai a resident of No. 19, Gangai

Amman Koil Street, Karuvadikuppam, Lawspet, 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 29th day of March, 2022, pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

224

LA GAZETTE DE L’ETAT

[ PART-I

224

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 43/2022, I.R.No. 6/2022 under section 144 of Cr.P.C./984

ORDER

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

State Represented by the Inspector of Police,

Lawspet Police Station,

Puducherry.

. .

Petitioner

Thiru Balaji @ Kuska Balaji (25),

S/o. Settu,

Nagammal Koil Street,

Edayanchavady Road, Karuvadikuppam,

Lawspet, Puducherry.

. .

Counter Petitioner

This petition along with case sheet is filed by the Inspector of Police,

Lawspet Police Station, Puducherry, praying to pass orders under section 144

of Cr.P.C., against Thiru Balaji @ Kuska Balaji 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 Thiru Balaji @ Kuska Balaji (25), son of Settu

a resident of Nagammal Koil Street, Edayanchavady Road, Karuvadikuppam,

Lawspet, Puducherry.

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

referred by the Sub-Inspector of Police, Lawspet Police Station, Puducherry, with

the recommendation of the Superintendent of Police (North), Puducherry vide

I.R.No. 06/2022 under section 144 of Cr.P.C., dated 18-02-2022. Therein, it has been