[ 1589]
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - I
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EXTRAORDINAIRE
EXTRAORDINARY
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8 {
No.
121
Poudouchéry
Jeudi
8
Septembre
2022 (17 Bhadra 1944)
No.
Puducherry
Thursday
8th
September
2022
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 109/2022, I.R.No. 22/2022 under section 144 of Cr.P.C./2150
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Nandhakumar @ Nandu (22),
S/o. Rajinikanth,
No. 02, Ist Cross,
Manicka Chettiar Nagar,
Shanmugapuram,
Puducherry.
. .
Counter-
Petitioner
1590
LA GAZETTE DE L’ETAT
[ PART-I
1590
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 Nandhakumar @ Nandu, 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 Nandhakumar @ Nandu (22),
S/o. Rajinikanth, a resident of No. 02, Ist Cross, Manicka Chettiar Nagar, Shanmugapuram,
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. 22/2022 under section 144 of Cr.P.C., dated 08-06-2022. Therein it has
been stated that the Counter Petitioner have indulging in crimes such as murder,
intimidation, rioting 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.167/2020 under section 302 IPC r/w 34 IPC, dated 15-11-2020
of Mettupalayam Police Station – Pending Trial.
2. Cr.No. 04/2020 under section 25 (1-a) of Arms Act, 1959, dated
13-01-2020 of Mettupalayam Police Station – Pending Trial.
3. Cr.No. 84/2017 under sections 147, 148, 342, 302, 307 IPC r/w 149 IPC,
3 and 4 of Explosives substances Act, 1908 @ 148, 109,120-B, 144,
114, 342, 302, 307, 326, 324 IPC r/w 149 IPC, 3 and 4 of Explosives
substances Act, 1908, dated 19-10-2017 of Mettupalayam Police
Station – Pending Trial.
4. The Petitioner further submitted that the Counter Petitioner is a
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 areas and also planned to attack his rival parties. It is
also stated that he has involved in various offences by using aruval, knife to attack
the victims and he 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 Puducherry North 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, 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
1591
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 10-06-2022 to appear for the hearing on 21-06-2022
at 10.00 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 Rajinikanth.
The service was held sufficient for the Counter Petitioner.
7. On 21-06-2022, the petitioner represented by Thiru Arul, Assistant
Sub-Inspector, Mettupalayam Police Station, 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 Nandhakumar @ Nandu, 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 3 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,
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.
10. Hence, I M. KANDASAMY, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the
Counter Petitioner Thiru Nandhakumar @ Nandu, (22), S/o. Rajinikanth, a resident
of No. 02, Ist Cross, Manicka Chettiar Nagar, Shanmugapuram, 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 21st day of June, 2022 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
1592
LA GAZETTE DE L’ETAT
[ PART-I
1592
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 122/2022, I.R.No. 41/2022 under section 144 of Cr.P.C./2149
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police,
Lawspet Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Prasanth @ Military (26),
S/o. Kumar,
No. 19, Ponniyamman Koil Theru,
Karuvadikuppam, Lawspet,
Puducherry.
. .
Counter-
Petitioner.
This petition along with case sheet is filed by the Sub-Inspector of Police,
Lawspet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against Thiru Prasanth @ Military (26), 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 Prasanth @ Military (26), S/o. Kumar,
a resident of No. 19, Ponniyamman 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. 41/2022 under section 144 of Cr.P.C., dated 27-05-2022. Therein it has
been stated that the Counter Petitioner have formed a gang of rowdies and bent
upon indulging in crime such as murder, robbery, 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 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.116/2015 under section 147, 148, 341, 449, 302 IPC r/w 149
IPC of Lawspet Police Station, Puducherry – Pending Trial.
2. Cr. No. 186/2021 under section 294(b), 353, 332 IPC r/w 34 IPC of
Lawspet Police Station, Puducherry – Under Investication.
4. It is also stated in the I.R that the Counter Petitioner is young and very
active notorious rowdy element and therefore, his criminal activities cannot be
prevented by invoking the mere security proceedings under section 144 of Cr.P.C.
PART-I ]
LA GAZETTE DE L’ETAT
1593
5. The Petitioner further submitted that if, the Counter Petitioner is
allowed to reside in Lawspet limits, 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, 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, and disturbance to the public tranquility 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 10-06-2022 to appear for the hearing on 05-07-2022
at 10.00 a.m. 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 sister, Tmt. K. Prema. The
service was held sufficient for the Counter Petitioner.
7. On 05-07-2022, the Petitioner 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 Prasanth @ Military (26), 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 Lawspet 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,
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 powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the
Counter Petitioner Thiru Prasanth @ Military (26), S/o. Kumar, a resident of
No. 19, Ponniyamman 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.
1594
LA GAZETTE DE L’ETAT
[ PART-I
1594
At Puducherry, dated on this 5th day of July, 2022 pronounced in the open
Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
----------
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 124/2022, I.R.No. 44/2022 under section 144 of Cr.P.C./2148
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police,
Lawspet Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Sanjay (27),
S/o. Palanivelu,
No. 22, Anaikaraimedu,
Samipillaithottam, Lawspet,
Puducherry.
. .
Counter-
Petitioner.
This petition along with case sheet is filed by the Sub-Inspector of Police,
Lawspet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against Thiru Sanjay (27), 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 Sanjay (27), S/o. Palanivelu, a resident
of No. 22, Anaikaraimedu, Samipillaithottam, 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. 44/2022 under section 144 of Cr.P.C., dated 31-05-2022. Therein it has
been stated that the Counter Petitioner have formed a gang of rowdies and bent
upon indulging in crime such as murder, robbery, 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 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 case was registered against the Counter
Petitioner.
PART-I ]
LA GAZETTE DE L’ETAT
1595
1. Cr.No.57/2020 under section 120(b), 147, 148, 201, 302, 307, 324,
341, 364 IPC & 3(2)(va) SC/ST Act of Kottakuppam Police Station,
Tamil Nadu.
4. It is also stated in the I.R that the Counter Petitioner is young and very
active notorious rowdy element and therefore, his 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, 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, and disturbance to the public tranquility 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 10-06-2022 to appear for the hearing on 05-07-2022
at 10.00 a.m. 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. P. Saraswathy.
The service was held sufficient for the Counter Petitioner.
7. On 05-07-2022 the Petitioner 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 Sanjay (27), 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 is one criminal case was registered against him in
Kottakuppam Police Station, Tamil Nadu.
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 powers conferred under
section 144(1) of the Code of Criminal Procedure, pass this order and
prohibit the Counter Petitioner Thiru Sanjay (27), S/o. Palanivelu, a resident of
1596
LA GAZETTE DE L’ETAT
[ PART-I
1596
No. 22, Anaikaraimedu, Samipillaithottam, 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 5th day of July, 2022 pronounced in the open
Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
----------
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 140/2022, I.R.No. 11/2022 under section 144 of Cr.P.C./2141
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Baskar (24),
S/o. Parthasarathy,
Shanmuganagar,
Ariyankuppam,
Puducherry.
. .
Counter-
Petitioner.
This petition along with case sheet is filed by Station House Officer,
Ariyankuppam Police Station, Puducherry, praying to pass orders under section
144 of Cr.P.C., against Thiru Baskar (24), 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 Baskar (24), S/o. Parthasarathy, a
resident of Shanmuga Nagar, Ariyankuppam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Ariyankuppam Police Station, through
the Superintendent of Police (South), Puducherry vide I.R.No.11/2022, under
section 144 of Cr.P.C., dated 08-06-2022. Therein it has been stated that the
Counter Petitioner have formed a gang of rowdies and bent upon indulging in
crime such as murder, attempt to murder, dacoity, robbery, hurt, riot, explosive
cases. The Counter Petitioner has created panic in the minds of local inhabitants.
It is also stated that he is extorting money from the local merchants and is leading
PART-I ]
LA GAZETTE DE L’ETAT
1597
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. 31/2012 under section 397 IPC, dated 19-01-2012 of
Aurovillie Police Station, Tamil Nadu, dated 19-01-2012 – Pending
Trial.
2. Cr.No.13/2012 under sections 392, 427 IPC r/w 34 IPC @ 395, 427
IPC r/w 109 IPC, dated 29-01-2012 of Thirubuvanai Police Station,
Puducherry – Convicted.
3. Cr No. 91/2013 under sections 341, 324, 506 (ii) IPC r/w 34 IPC of
Ariyankuppam Police Station, Puducherry, dated 28-06-2013 –
Acquitted.
4. Cr. No. 406/2016 under sections 147, 148, 302, 324, 120-B IPC
r/w 149 IPC and 25 (i-a), 27(i) of Arms Act and 3, 5, 6 Explosive
Substances Act, 1908 of Villupuram Town Police Station, Tamil Nadu,
dated 04-10-2016 – Acquitted.
5. Cr. No 62/2016 under sections 324, 506 (II) IPC r/w 34 IPC @ 392
r/w 34 IPC, dated 22-05-2017 of Lawspet Police Station,
Puducherry – Pending Trial.
6. Cr. No 78/2017 under sections 399,402, IPC and 27 of Arms Act,
dated 24-09-2017 of Mettupalayam Police Station, Puducherry –
Pending Trial.
7. Cr.No.84/2017 under sections 147, 148, 342, 302, 307 IPC r/w 149
IPC @ 148, 109, 120-B, 144, 114, 342, 302, 307, 326, 324 IPC r/w
149 IPC 3 and 4 of Explosive Substances Act, 1908, dated 19-10-2017
of Mettupalayam Police Station, Puducherry – Acquitted.
4. The Petitioner further submitted that the Counter Petitioner is a
notorious rowdy element and become a source of terror among the public. It is
also stated that he has involved in various offences by using aruval, knife and
explosive substances to attack the victims.
5. It is also stated in the I.R that the Station House Officer have
received reliable information that he is desperate and is in dire need of money
to maintain his group of rowdy elements and to meet expenses in connection with
the trial in the pending criminal cases against him. The Counter Petitioner are
hatching plans to threaten the business people in the Puducherry urban and rural
areas and extort money from them by threatening and he violated the conditions
imposed by the Criminal Courts and have scant respect to the judiciary and rule
of law. The Petitioner also stated that the Counter Petitioner earned displeasure
among a section of other rowdy group in the area on account of the grudge against
him and hence, rival group is also waiting opportunity to take revenge upon him.
6. The Petitioner further submitted that if, Counter Petitioner is allowed
to reside in Ariyankuppam limits, it is apprehended that he would continue to
1598
LA GAZETTE DE L’ETAT
[ PART-I
1598
indulge in serious offences like murder, extortion, damages to public and private
properties, 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, Ariyankuppam Police Station, 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, and disturbance to the public
tranquility and order.
7. 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 12-07-2022 to appear for the hearings on 20-07-2022
and 26-07-2022 at 10 a.m. It was instructed to serve the notice to the Counter
Petitioner through the Station House Officer, Ariyankuppam Police Station,
Puducherry. The notice for the Counter Petitioner was received by his brother,
Thiru Chandru. The service was held sufficient for the Counter Petitioner.
8. On 26-07-2022, the Petitioner Thiru J. Muruganandham, Sub-Inspector,
Ariyankuppam Police Station, Puducherry, was present. The Counter Petitioner
has failed to appear before the Court on hearing date.
9. 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 Baskar (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 murder, assault, unlawful activities and disturbance to the public
peace and order. There are 7 criminal cases were registered against him in various
Police Stations.
10. On perusal of the records submitted by the Petitioner, 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, extortion, damages to public and private
properties, assault, 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 the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order.
11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the
Counter Petitioner Thiru Baskar (24), S/o. Parthasarathy, a resident of Shanmuga
Nagar, Ariyankuppam, 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 26th day of July, 2022 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ]
LA GAZETTE DE L’ETAT
1599
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 142/2022, I.R.No. 16/2022 under section 144 of Cr.P.C./2146
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Aswin (31),
S/o Illangovan,
Pillaiayar Koil Street,
Odaiveli, Ariyankuppam,
Puducherry.
. .
Counter-
Petitioner.
This petition along with case sheet is filed by Station House Officer,
Ariyankuppam Police Station, praying to pass orders under section 144 of Cr.P.C.,
against Thiru Aswin (31) 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 Aswin (31), S/o. Illangovan, a resident
of Pillaiyar Koil Street, Odaiveli, Ariyankuppam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Ariyankuppam Police Station, through
the Superintendent of Police (South), Puducherry vide I.R.No.16/2022 under
section 144 of Cr.P.C., dated 14-06-2022. Therein it has been stated that the
Counter Petitioner have formed a gang of rowdies and bent upon indulging in
crime such as murder, attempt to murder, dacoity, robbery, hurt, riot, explosive
cases. The Counter Petitioner has created panic in the minds of local inhabitants.
It is also stated that he is extorting money from the local merchants and 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.367/2009 under section 302 IPC r/w 34 IPC and section 3 of
Explosive Substances Act, 1908, dated 24-12-2009 of Mudaliarpet
Police Station, Puducherry.
2. Cr.No. 192/2010 under section 25 (1) (a) Arms Act, 1959, dated
25-06-2010 of Town Police Station, Karaikal.
3. Cr.No. 123/2011 under section 25 (1) (a) of Arms Act, 1959, dated
04-09-2011 of Thavalakuppam Police Station, Puducherry.
1600
LA GAZETTE DE L’ETAT
[ PART-I
1600
4. Cr. No. 292/2011 under section 25 (1) (a) of Arms Act, 1959, dated
04-09-2011 of Ariyankuppam Police Station, Puducherry.
5. Cr. No. 151/2011 under section 392 IPC r/w 34 IPC @ 395 IPC,
dated 12-06-2011 of Ariyankuppam Police Station, Puducherry.
6. Cr.No.31/2012 under section 397 IPC, dated 19-01-2012 of Aurovile
Police Station, Tamil Nadu.
7. Cr.No.13/2012 under sections 392, 427 IPC r/w 34 IPC @ 395, 427 IPC
r/w 109 IPC, dated 29-01-2012 of Thirubuvanai Police Station,
Puducherry.
8. Cr.No. 49/2013 under section 392 IPC r/w 34 IPC @ 395, 109 IPC,
dated 26-04-2013 of Thirubuvanai Police Station, Puducherry.
9. Cr.No. 91/2013 under sections 341, 324, 506 (ii) IPC r/w 34 IPC,
dated 28-06-2013 of Ariyankuppam Police Station, Puducherry.
10. Cr No. 90/2013 under sections 147, 449, 342, 332, 506 (ii) IPC and
120(b) IPC r/w 149 IPC and 27 of Arms Act, 1959, dated 29-08-2013
of Yanam Police Station, Yanam.
11. Cr. No. 488/2016 under section 399 IPC, dated 04-08-2016 of
Kottakuppam Police Station.
12. Cr. No. 163/2016 under section 3 of Explosive Substances Act, 1908,
dated 16-09-2016 of Mudaliarpet Police Station, Puducherry.
13. Cr. No. 75/2010 under sections 148, 324, 323, 506 (ii) IPC r/w 149 IPC,
dated 14-05-2010 of Ariyankuppam Police Station, Puducherry.
14. Cr. No. 406/2016 under sections 147, 148, 302, 324, 120-B IPC
r/w 149 IPC and 25 (i-a), 27 (i) of Arms Act and 3, 5, 6 of
Explosives Substances Act 1908, dated 04-10-2016 of Villupuram
Town Police Station, Tamil Nadu.
15. Cr No. 18/2016 under sections 147, 148, 341, 109, 307 IPC and 3
of POPPD Act r/w 3(a) & 4(a), 5 r/w 6 of Explosives Substances
Act, 1908, dated 22-01-2016 of Villupuram Town Police Station,
Tamil Nadu.
16. Cr No. 33/2016 under sections 307 IPC r/w 34 IPC @ 307, 120(b)
r/w 149 IPC, dated 19-06-2016 of Neravy Police Station, Karaikal
17. Cr No. 62/2016 under sections 324, 506 (ii) IPC r/w 34 IPC @ 392 IPC
r/w 34 IPC, dated 22-05-2016 of Lawspet Police Station,
Puducherry.
18. Cr No. 102/2018 under sections 356, 379 IPC r/w 34 IPC, dated
13-07-2018 of Ariyankuppam Police Station, Puducherry.
19. Cr No. 138/2019 under sections 147, 148, 302 IPC and 3 of
Explosives Substances Act, 1908 r/w 149 IPC @ under sections 120
(b), 147, 148, 302 IPC and 3, 4 of Explosives Substances Act, 1908
r/w 149 IPC, dated 06-11-2019 of Ariyankuppam Police Station,
Puducherry.
PART-I ]
LA GAZETTE DE L’ETAT
1601
4. The Petitioner further submitted that the Counter Petitioner is a
notorious rowdy element and become a source of terror among the public. It is
also stated that he has involved in various offences by using aruval, knife and
explosive substances to attack the victims.
5. It is also stated in the I.R that the Station House Officer have
received reliable information that he is desperate and is in dire need of money
to maintain his group of rowdy elements and to meet expenses in connection with
the trial in the pending criminal cases against him. The Counter Petitioner are
hatching plans to threaten the business people in the Puducherry urban and rural
areas and extort money from them by threatening and he violated the conditions
imposed by the Criminal Courts and have scant respect to the judiciary and rule
of law. The Petitioner also stated that the Counter Petitioner earned displeasure
among a section of other rowdy group in the area on account of the grudge against
him and hence, rival group is also waiting opportunity to take revenge upon him.
6. The Petitioner further submitted that if, the Counter Petitioner is
allowed to reside in Ariyankuppam limits, it is apprehended that he would continue
to indulge in serious offences like murder, extortion, damages to public and
private properties, 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, Ariyankuppam Police Station 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, and disturbance to the public
tranquility and order.
7. 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 12-07-2022 to appear for the hearings on 20-07-2022
and 26.07.2022 at 10 a.m. It was instructed to serve the notice to the Counter
Petitioner through the Station House Officer, Ariyankuppam Police Station,
Puducherry. The notice for the Counter Petitioner was received by his brother,
Thiru Dhinakaran. The service was held sufficient for the Counter Petitioner.
8. On 26-07-2022, the Petitioner Thiru J. Muruganandham, Sub-Inspector,
Ariyankuppam Police Station, Puducherry was present. The Counter Petitioner has
failed to appear before the Court on hearing date.
9. 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 Aswin (31), 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 19 criminal cases were registered against him in
various Police Stations.
10. On perusal of the records submitted by the Petitioner, 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, extortion, damages to public and private
properties, assault, obstructions, annoyance, etc., and thereby become a perennial
1602
LA GAZETTE DE L’ETAT
[ PART-I
1602
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.
11. Hence, I M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the
Counter Petitioner Thiru Aswin (31), S/o. Illangovan, a resident of Pillaiyar Koil
Street, Odaiveli, Ariyankuppam, 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 26th day of July, 2022 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
----------
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 143/2022, I.R.No. 17/2022 under section 144 of Cr.P.C./2142
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Vivek @ Vaithiyanathan (30),
S/o. Krishnan,
Shanmuga Nagar,
Ariyankuppam,
Puducherry.
. .
Counter-
Petitioner.
This petition along with case sheet is filed by the Station House Officer,
Ariyankuppam Police Station, praying to pass orders under section 144 of Cr.P.C.,
against Thiru Vivek @ Vaithiyanathan (30), 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 Vivek @ Vaithiyanathan (30),
S/o. Krishnan, a resident of Shanmuga Nagar, Ariyankuppam, Puducherry.
PART-I ]
LA GAZETTE DE L’ETAT
1603
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Ariyankuppam Police Station, through
the Superintendent of Police (South), Puducherry vide I.R.No. 17/2022 under
section 144 of Cr.P.C., dated 14-06-2022. Therein it has been stated that the
Counter Petitioner have formed a gang of rowdies and bent upon indulging in
crime such as murder, attempt to murder, dacoity, robbery, hurt, riot, explosive
cases. The Counter Petitioner has created panic in the minds of local inhabitants.
It is also stated that he is extorting money from the local merchants and 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.170/2010 under sections 147, 148, 302 IPC 3 of Explosives
Substances Act, 1908 of Grand Bazar Police Station, Puducherry –
Pending Trial.
2. Cr. No.151/2011under section 392 IPC r/w 34 IPC, dated 12-06-2011
of Ariyankuppam Police Station, Puducherry – Pending Trial.
3. Cr. No. 13/2012 under section 302 IPC r/w 34 IPC and 3 of Explosive
of Mudaliarpet Police Station, Puducherry – Pending Trial.
4. Cr. No. 13/2012 under sections 427, 392 IPC r/w 34 IPC @ 427, 395 IPC
of Thirubuvanai Police Station, Puducherry – Pending Trial.
5. Cr. No. 31/2012 under section 397 of Aurovile Police Station,
Tamil Nadu – Pending Trial.
6. Cr.No.01/2016 under sections 147, 148, 307, 341, 323, 324 r/w 149 IPC
of Ariyankuppam Police Station, Puducherry – Pending Trial.
7. Cr.No.114/2016 under sections 294(b), 323, 324, 506 (ii) r/w 34 IPC
of Ariyankuppam Police Station, Puducherry – Pending Trial.
8. Cr.No. 137/2017 under section 25(1-a) Arms Act, 1989 and 294(b),
506(i) IPC of Ariyankuppam Police Station, Puducherry – Pending
Trial.
9. Cr.No. 41/2017 under sections 395, 109 IPC, dated 28-06-2013 of
Thavalakuppam Police Station, Puducherry – Pending Trial.
10. Cr. No. 39/2017 under sections 395, 109 IPC of Mangalam Police
Station, Puducherry – Pending Trial.
11. Cr. No138/2019 under sections 147, 148, 302 IPC 3 of Explosives
Substances Act, 1908 r/w 149 IPC of Ariyankuppam Police Station,
Puducherry – Pending Trial.
4. The Petitioner further submitted that the Counter Petitioner is a
notorious rowdy element and become a source of terror among the public. It is
also stated that he has involved in various offences by using aruval, knife, and
explosive substances to attack the victims.
1604
LA GAZETTE DE L’ETAT
[ PART-I
1604
5. It is also stated in the I.R that the Station House Officer have received
reliable information that he is desperate and is in dire need of money to maintain
his group of rowdy elements and to meet expenses in connection with the trial
in the pending criminal cases against him. The Counter Petitioner are hatching
plans to threaten the business people in the Puducherry urban and rural areas and
extort money from them by threatening and he violated the conditions imposed
by the Criminal Courts and have scant respect to the judiciary and rule of law.
The Petitioner also stated that the Counter Petitioner earned displeasure among
a section of other rowdy group in the area on account of the grudge against him
and hence, rival group is also waiting opportunity to take revenge upon him.
6. The Petitioner further submitted that if, the Counter Petitioner is
allowed to reside in Ariyankuppam limits, it is apprehended that he would continue
to indulge in serious offences like murder, extortion, damages to public and
private properties, 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, Ariyankuppam Police Station, 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 and disturbance to the public
tranquility and order.
7. 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 12-07-2022 to appear for the hearings on 20-07-2022
and 26-07-2022 at 10 a.m. It was instructed to serve the notice to the Counter
Petitioner through the Station House Officer, Ariyankuppam Police Station,
Puducherry. The notice for the Counter Petitioner was received by his sister,
Tmt. K. Vinodhini. The service was held sufficient for the Counter Petitioner.
8. On 26-07-2022, the Petitioner Thiru J. Muruganandham, Sub-Inspector,
Ariyankuppam Police Station, Puducherry was present. The Counter Petitioner has
failed to appear before the Court on hearing date.
9. 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 Vivek @ Vaithiyanathan (30) 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 11 criminal cases were registered against
him in various Police Stations.
10. On perusal of the records submitted by the Petitioner, 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, extortion, damages to public and private
properties, assault, 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 the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order.
PART-I ]
LA GAZETTE DE L’ETAT
1605
11. Hence, I M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry in exercise of powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the
Counter Petitioner Thiru Vivek @ Vaithiyanathan (30), S/o. Krishnan, a resident
of Shanmuga Nagar, Ariyankuppam, 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 26th day of July, 2022 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
----------
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 144/2022, I.R.No. 18/2022 under section 144 of Cr.P.C./2147
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Eli @ Udhaya (35),
S/o. Uthamaputhiran,
No.42, Chinnaveerampattinam Street,
Odaiveli, Ariyankuppam,
Puducherry.
. .
Counter-
Petitioner.
This petition along with case sheet is filed by the Station House Officer,
Ariyankuppam Police Station, praying to pass orders under section 144 of Cr.P.C.,
against Thiru Eli @ Udhaya (35), 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 Eli @ Udhaya (35), S/o. Uthamaputhiran,
a resident of No.42, Chinnaveerampattinam Street, Odaiveli, Ariyankuppam,
Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Ariyankuppam Police Station, through
the Superintendent of Police (South), Puducherry vide I.R.No.18/2022 under
1606
LA GAZETTE DE L’ETAT
[ PART-I
1606
section 144 of Cr.P.C., dated 15-06-2022. Therein it has been stated that the
Counter Petitioner have formed a gang of rowdies and bent upon indulging in
crime such as murder, attempt to murder, dacoity, robbery, hurt, riot, explosive
cases. The Counter Petitioner has created panic in the minds of local inhabitants.
It is also stated that he is extorting money from the local merchants and 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.189/2008 under sections 341, 506 (ii) IPC r/w 34 IPC, dated
02-09-2008 – Convicted.
2. Cr.No.182/2012 under section 506 (ii) IPC r/ w 34 IPC and 3 of
Explosives Substances Act, dated 30-11-2012 – Pending Trial.
3. Cr.No.133/2012 under section 25 (1-A) of Arms Act, – Pending Trial.
4. Cr.No.13/2012 under sections 427, 392 IPC r/w 34 IPC @ 427, 395 IPC
and 109 IPC, dated 29-01-2012 of Thirubuvanai Police Station,
Puducherry – Pending Trial.
5. Cr.No.31/2012 under section 397 IPC, dated 19-01-2012 of Arovile
Police Station, Tamil Nadu – Pending Trial.
6. Cr. No. 138/2019 under sections 147, 148, 302 IPC and 3 of
Explosives substances Act, 1908 r/w 149 IPC @ under sections 120(b),
147, 148, 302 IPC and 3,4 of Explosives substances Act, 1908
r/w 149 IPC – Pending Trial.
7. Cr.No.105/2017 under sections 435, 506 (ii) r/w 34 IPC, dated 27-07-2017
of Ariyankuppam Police Station, Puducherry – Pending Trial.
8. Cr.No.65/2018 under section 34(b) of PP Act, dated 15-05-2018 –
Convicted.
4. The Petitioner further submitted that the Counter Petitioner is a
notorious rowdy element and become a source of terror among the public. It is
also stated that he has involved in various offences by using aruval, knife and
explosive substances to attack the victims.
5. It is also stated in the I.R that the Station House Officer have
received reliable information that he is desperate and is in dire need of money
to maintain his group of rowdy elements and to meet expenses in connection with
the trial in the pending criminal cases against him. The Counter Petitioner are
hatching plans to threaten the business people in the Puducherry urban and rural
areas and extort money from them by threatening and he violated the conditions
imposed by the Criminal Courts and have scant respect to the judiciary and rule
of law. The Petitioner also stated that the Counter Petitioner earned displeasure
among a section of other rowdy group in the area on account of the grudge against
him and hence, rival group is also waiting opportunity to take revenge upon him.
6. The Petitioner further submitted that if, the Counter Petitioner is
allowed to reside in Ariyankuppam limits, it is apprehended that he would continue
to indulge in serious offences like murder, extortion, damages to public and
PART-I ]
LA GAZETTE DE L’ETAT
1607
private properties, 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, Ariyankuppam Police Station 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, and disturbance to the public
tranquility and order.
7. 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 12.07.2022 to appear for the hearings on 20-07-2022
and 26-07-2022 at 10 a.m. It was instructed to serve the notice to the Counter
Petitioner through the Station House Officer, Ariyankuppam Police Station,
Puducherry. The notice for the Counter Petitioner was received by his brother,
Thiru U. Udhayakumar. The service was held sufficient for the Counter Petitioner.
8. On 26-07-2022, the Petitioner Thiru J. Muruganandham, Sub-Inspector,
Ariyankuppam Police Station, Puducherry, was present. The Counter Petitioner
has failed to appear before the Court on hearing date.
9. 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 Eli @ Udhaya (35), 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 8 criminal cases were registered against him in various
Police Stations.
10. On perusal of the records submitted by the Petitioner, 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, extortion, damages to public and private
properties, assault, 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 the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order.
11. Hence, I M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the
Counter Petitioner Thiru Eli @ Udhaya (35), S/o. Uthamaputhiran, a resident of
No. 42, Chinnaveerampattinam Street, Odaiveli, Ariyankuppam, 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 26th day of July, 2022 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
1608
LA GAZETTE DE L’ETAT
[ PART-I
1608
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 145/2022, I.R.No. 19/2022 under section 144 of Cr.P.C./2143
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Loganathan @ Ajith (23),
S/o. Arumugam,
No. 01, Old Pooranankuppam Street,
Ariyankuppam,
Puducherry.
. .
Counter-
Petitioner.
This petition along with case sheet is filed by the Station House Officer,
Ariyankuppam Police Station, Puducherry, praying to pass orders under section
144 of Cr.P.C., against Thiru Loganathan @ Ajith (23), 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 Loganathan @ Ajith (23),
S/o. Arumugam, a resident of No. 01, Old Pooranankuppam Street, Ariyankuppam,
Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Ariyankuppam Police Station, through
the Superintendent of Police (South), Puducherry vide I.R.No.19/2022 under
section 144 of Cr.P.C., dated 15-06-2022. Therein it has been stated that the
Counter Petitioner have formed a gang of rowdies and bent upon indulging in
crime such as murder, attempt to murder, robbery, dacoity, hurt, explosive cases.
The Counter Petitioner has created panic in the minds of local inhabitants. It is
also stated that he is extorting money from the local merchants and 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.146/2017 under sections 341, 364, 392, 111, 302 IPC r/w 149 IPC
and section 5 (1) (a) and (d) Immoral Traffic Act, 1986, dated
28-09-2017 of Ariyankuppam Police Station, Puducherry – Pending
Trial.
2. Cr.No.163/2018 under sections 341, 294 (b), 324, 506 (ii) IPC r/w 34 IPC,
dated 05-11-2018 of Ariyankuppam Police Station, Puducherry –
Pending Trial.
PART-I ]
LA GAZETTE DE L’ETAT
1609
3. Cr.No.07/2019 under sections 294 (b), 324, 506 (ii) IPC, dated
21-01-2019 of Ariyankuppam Police Station, Puducherry – Pending
Trial.
4. Cr.No.38/2019 under sections 294 (b), 506 (ii) IPC r/w 34 IPC, 27 (i)
Arms Act, dated 27-03-2019 of Ariyankuppam Police Station,
Puducherry – Pending Trial.
5. Cr.No.406/2020 under sections 294 (b), 506 (ii) IPC r/w 34 IPC,
dated 02-11-2020 of Ariyankuppam Police Station, Puducherry –
Pending Trial.
6. Cr.No.89/2019 under sections 8(c ) r/w 20 (b), (ii) (A), 27 (A), 29
NDPS Act of Orleanpet Police Station, Puducherry – Pending Trial.
7. Cr.No.10/2021 under sections 294 (b), 324, 506 (ii) IPC, dated
05-07-2021 of Ariyankuppam Police Station, Puduchery – Pending
Trial.
8. Cr.No.155/2021 under sections 294 (b), 329, 506 (ii) IPC r/w 34 IPC
of Ariyankuppam Police Station, Puducherry – Pending Trial.
9. Cr.No.157/2021 under sections 4(b) of Explosives Substances
Act 1908 and 25(1-B)(b) Arms Act, 1959 r/w 34 IPC of Ariyankuppam
Police Station, Puducherry – Pending Trial.
4. The Petitioner further submitted that the Counter Petitioner is a
notorious rowdy element and become a source of terror among the public. It is
also stated that he has involved in various offences by using aruval, knife to attack
the victims.
5. It is also stated in the I.R that the Station House Officer have received
reliable information that he is desperate and is in dire need of money to maintain
his group of rowdy elements and to meet expenses in connection with the trial
in the pending criminal cases against him. The Counter Petitioner are hatching
plans to threaten the business people in the Puducherry urban and rural areas and
extort money from them by threatening and he violated the conditions imposed
by the Criminal Courts and have scant respect to the judiciary and rule of law.
The Petitioner also stated that the Counter Petitioner earned displeasure among
a section of other rowdy group in the area on account of the grudge against him
and hence, rival group is also waiting opportunity to take revenge upon him.
6. The Petitioner further submitted that if, Counter Petitioner is allowed
to reside in Ariyankuppam limits, it is apprehended that he would continue to
indulge in serious offences like murder, hurt, damages to public and private
properties, extortion, 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, Ariyankuppam Police Station, 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, and disturbance to the public
tranquility and order.
7. 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 12-07-2022 to appear for the hearing on 26-07-2022.
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It was instructed to serve the notice to the Counter Petitioner through the Station
House Officer, Ariyankuppam Police Station, Puducherry. The notice for the
Counter Petitioner was received by his wife, Tmt. L. Nagalakshmi. The service
was held sufficient for the Counter Petitioner.
8. On 26-07-2022, the Petitioner Thiru J. Muruganandham, Sub-Inspector,
Ariyankuppam Police Station, Puducherry and the Counter Petitioner were
present.
9. I have heard both the 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 Loganathan @ Ajith (23), 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 9 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.
10. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, 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, hurt, extortion,
damages to public and private properties, assault, 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
the Counter Petitioner to prevent harm to life and properties of citizens and
uphold public peace and order.
11. 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 Loganathan @ Ajith (23), S/o. Arumugam, a resident of
No. 01, Old Pooranankuppam Street, Pudukulam, Ariyankuppam, 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 26th day of July, 2022 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
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