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M.C. No. 182/2022 of I.R. No. 28/2022 Under Section 144 of Cr.P.C./2976.

Published 02 November 2022

Department
THE SUBDIVISIONAL MAGISTRATE (NORTH)
Type
Extraordinary
Gazette no.
144
Part
I
Category
ORDER
Identifier
in.gazette.puducherry.2022-11-02.extraordinary-i-issue-144
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. 144 Poudouchéry Mercredi 2 Novembre 2022 (11 Kartika 1944)

No. Puducherry Wednesday 2nd November 2022

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 182/2022 of I.R. No. 28/2022 Under Section 144 of Cr.P.C./2976

ORDER

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

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

. . Petitioner

Vs.

Thiru Sathish @ Mambazha Sathish @ Manikandan (27), S/o. Dharmaraj, No. 58, Sudalai Street, Manavely, Ariyankuppam, Puducherry.

. . Counter Petitioner

[ 1927 ]LA GAZETTE DE L'ETAT [ PART-I 1928 1928 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 Sathish @ Mambazha Sathish @ Manikandan (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 Sathish @ Mambazha Sathish @ Manikandan (27), son of Dharmaraj, No. 58, Sudalai Street, Manavely, 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, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R. No.28/2022 under sectiion 144 of Cr.P.C., dated 05-08-2022. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime such as murder, attempt to murder, dacocity, theft, 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 exortion. 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 you are the accused. In this connection, the petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

1. 3(2) of the Puducherry Prevention of Anti-Social Activities Act, 2008 of Ariyankuppam Police Station, Puducherry – Pending Trial.

2. Cr.No. 23/2015 under sections 323, 324, 506 (ii) IPC r/w 34 IPC, dated 17-02-2015 of Ariyankuppam Police Station, Puducherry – Pending Trial.

3. Cr.No. 79/2015 under sections 147, 148, 294 (b), 323, 324, 506 (ii) IPC, dated 15-06-2015 of Ariyankuppam Police Station, Puducherry – Pending Trail.

4. Cr.No. 01/2016 under sections 147, 148, 307, 341, 324, 323 IPC r/w 149 IPC, dated 01-01-2016 of Ariyankuppam Police Station, Puducherry – Pending Trial.

5. Cr.No. 04/2020 under sections 356, 379, IPC r/w 34 IPC of Nedungadu Police Station, Karaikal – Pending Trial.

6. Cr.No. 127/2020 under section 34, A3 PP Act of Nedungadu Police Station, Karaikal – Pending Trial.

7. Cr.No. 876/2020 under sections 147, 341, 108, 302 IPC and 3 of Explosive Act of Kottakuppam Police Station, Tamil Nadu – 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.

PART-I ] LA GAZETTE DE L'ETAT 1929

5. It is also stated in the I.R that the Station House Officer has 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 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 you 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, 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, 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 11-10-2022 to appear for the hearing on 17-10-2022 and further hearings on 18-10-2022 and 19-10-2022 at 10.00 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, Ms. D. Sangeetha. The service was held sufficient for the Counter Petitioner.

8. On 19-10-2022, the Petitioner represented by Thiru Palanisamy, 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 Sathish @ Mambazha Sathish @ Manikandan (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 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, Counter Petitioner will continue to indulge in and also motivate serious offences like murder, exortion, 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;

LA GAZETTE DE L'ETAT [ PART-I 1930 1930

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 Petitoner Thiru Sathish @ Mambazha Sathish @ Manikandan (27), son of Dharmaraj, a resident of No. 58, Sudalai Street, Manavely, 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 19th day of October, 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. 183/2022 of I.R. No. 37/2022 Under Section 144 of Cr.P.C./2977

ORDER

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

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

. . Petitioner

Vs.

Thiru Rangaraj @ Pullian Kottai (23), S/o. Ramalingam, No. 31, East Street, Sanarapet, Mettupalayam, 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 Rangaraj @ Pullian Kottai 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 Rangaraj @ Pullian Kottai (23), son of Ramalingam, a resident of No. 31, East Street, Sanarapet, Mettupalayam, 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.37/ 2022, under section 144 of Cr.P.C., dated 09-09-2022. Therein, it has been statedPART-I ] LA GAZETTE DE L'ETAT 1931 that the Counter Petitioner has indulging in crime such as dacocity, riot, hurt, intimidation 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. 06/2021 under sections 294(b), 385 IPC, dated 24-01-2021 of Reddiyarpalayam Police Station, Puducherry.

2. Cr.No. 02/2021 under sections 324, 397 IPC, dated 04-01-2021 of Reddiyarpalayam Police Station, Puducherry.

3. Cr.No. 11/2020 under sections 294(b), 427, 324, 506(ii) r/w 34 IPC, dated 29-01-2020 of D'Nagar Police Station, Puducherry.

4. Cr.No.46/2019 under sections 302, 109 IPC r/w 34 IPC and 3 of Explosive Substances Act, 1908 @ 120-B, 302,109 IPC r/w 34 IPC & 3 of Explosive Substances Act, 1908, dated 23-09-2019 of Kalapet Police Station, Puducherry.

5. Cr.No. 94/2019 under sections 294(b), 324, 307, 3 of Explosive Substances Act, 1908 @ 302 IPC, dated 15-04-2019 of Vanur Police Station, Tamil Nadu.

6. Cr.No. 19/2019 under section 25 (1) (a) of Arms Act, 1959, dated 20-02-2019.

7. Cr.No. 68/2018 under sections 294 (b), 324, 506 (ii) r/w 149 IPC, dated 19-04-2018 of Odiansalai Police Station, Puducherry.

8. Cr.No. 363/2018 under section 399 IPC, dated 19-04-2018 of Kottakuppam Police Station, Tamil Nadu.

9. Cr.No. 33/2018 under sections 294 (b), 427, 506 (ii) IPC r/w 34 IPC, dated 19-04-2018 of Mettupalayam Police Station, Puducherry.

4. The Petitioner further submitted that the Counter Petitioner is a very active 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 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, 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 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.

LA GAZETTE DE L'ETAT [ PART-I 1932 1932

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 11-10-2022 to appear for the hearing on 17-10-2022 and the further hearing on 18-10-2022 and 19-10-2022 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 served by affixing it at his house in presence of two witnesses due to absence of the Counter Petitioner at his house. The service was held sufficient for the Counter Petitioner.

7. On 19-10-2022, the Petitioner represented by Thiru Arul, Assistant Sub-Inspector, 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 Rangaraj @ Pullian Kottai 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 nine criminal cases were registered against him in various 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.

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 Petitoner Thiru Rangaraj @ Pulian Kottai (23), son of Ramalingam, a resident of No. 31, East Street, Sanarapet, Mettupalayam, 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 19th day of October, 2022 pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ] LA GAZETTE DE L'ETAT 1933

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 184/2022 of I.R. No. 39/2022 Under Section 144 of Cr.P.C./2974

ORDER

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

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

. . Petitioner

Vs.

Thiru Dhinesh @ Kokkadi (23), S/o. Rajendiran, No. 28, Pump House Street, Seran Nagar, 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 Dhinesh @ Kokkadi 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 Dhinesh @ Kokkadi (23), son of Rajendiran, a resident of No. 28, Pump House Street, Seran Nagar, 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. 39/2022 under section 144 of Cr.P.C., dated 22-09-2022. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and involved in murder, rioting and indulging to crime such as by using lethal weapons and exortion. 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. 77/2017 under sections 147, 148, 294 (b), 324, 506(i) r/w 149 IPC, dated 29-03-2017 of D'Nagar Police Station, Puducherry – Pending Trial.

2. Cr.No. 94/2019 under sections 147, 148, 294 (b), 307, 302, 120(b) IPC r/w 149 IPC, 73 of Explosive Substances Act of Vanur Police Station, Tamil Nadu – Pending Trial.

LA GAZETTE DE L'ETAT [ PART-I 1934 1934

3. Cr. No. 11/2020 under sections 294 (b), 427, 324, 506(ii) r/w 34 IPC, dated 15-04-2020 of D'Nagar 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. The Counter Petitoner collect mamool through his associates from the business people of 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 hurt, 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.

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 11-10-2022 to appear for the hearing on 17-10-2022 and the further hearings on 18-10-2022 and 19-10-2022 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 was served to the Counter Petitioner.

7. On 19-10-2022, the Petitioner represented by Thiru K. Arul, Assistant Sub-Inspector, Mettupalayam Police Station, Puducherry and the Counter Petitioner were present.

8. I have heard the both the sides and carefully gone through all the available records placed by the Petitioner. In the Police Information Report/Petition, it is stated that the activities of Thiru Dhinesh @ Kokkadi 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 Station.

9. 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, 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.

PART-I ] LA GAZETTE DE L'ETAT 1935

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 Petitoner Thiru Dhinesh @ Kokkadi (23), son of Rajendiran, a resident of No. 28, Pump House Street, Seran Nagar, 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 19th day of October, 2022 pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

————

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Cite this issue. Puducherry Gazette, Government of Puducherry, 02 November 2022. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2022-11-02.extraordinary-i-issue-144/. Archive identifier in.gazette.puducherry.2022-11-02.extraordinary-i-issue-144.