[ 45 ]

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 187/2022 of I.R. No. 45/2022 Under Section 144 of Cr.P.C./190

ORDER

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

State Represented by the Station House Officer,

Orleanpet Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Gowtham (21),

S/o. Saravanan,

No. 117, Sanjai Gandhi Nagar,

Thennasalai Road, Orleanpet,

Puducherry.

. .

Counter Petitioner

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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No.

Poudouchéry

Mardi

Janvier

2023 (4 Magha 1944)

No.

Puducherry

Tuesday

24th

January

2023

4 6

LA GAZETTE DE L’ETAT

[ PART-I

This petition along with case sheet is filed by the Station House Officer,

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

Cr.P.C., against Thiru Gowtham (21) 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 Gowtham (21), son of Saravanan

a resident of No. 117, Sanjai Gandhi Nagar, Thennasalai Road, Orleanpet, Puducherry.

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

submitted by the Station House Officer, Orleanpet Police Station, Puducherry,

through the Superintendent of Police (East), Puducherry vide I.R.No. 45/2022 under

section 144 of Cr.P.C., dated 30-07-2022. Therein, it has been stated that the Counter

Petitioner has formed a gang of rowdies and indulging in crimes such as attempt

to murder, hurt, explosive substance case and disturbance to the public tranquility

and order. As a result, the people of the locality being afraid of the Counter

Petitioner do not come forward to lodge any complaint against him. In this

connection, the Petitioner had stated that the following criminal cases were

registered against the Counter Petitioner.

1. Cr.No. 98/2022 under section 3 (a) of Explosive Substances Act, 1908

of Orleanpet Police Station, Puducherry.

2. Cr.No. 99/2022 under sections 324, 427, 506 (ii) IPC r/w 34 IPC of

Orleanpet Police Station, Puducherry.

4. The Petitioner further stated that the Counter Petitioner is having close

contact with more number of accused persons and intentionally engaged persons

by hiring them by providing liquors and insisting them to create problems with

their opposite groups. But, the activities of the Counter Petitioner would provoke

enmity between the groups as earlier.

5. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner 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. He is hatching plans to

threaten the business people in the Puducherry area and extort money from them

by threatening. 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. It is also stated that the Counter Petitioner had violated the

conditions imposed by the Criminal Courts.

6. It is also stated in the I.R that the Counter Petitioner is young and

energetic and shows his muscle power by committing offences for petty reasons.

It is further stated in the I.R that he is very active and may commit any cognizable

offence in connection with the prevailing law and order situation in that area.

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

to reside in Orleanpet Police Station, Puducherry limits, it is apprehended that he

would continue to indulge in serious offences like criminal intimidation, affray,

explosive, assault, obstructions and 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, Orleanpet 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.

PART-I ]

LA GAZETTE DE L’ETAT

8. 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 19-12-2022 to appear for the hearing on 22-12-2022

and subsequent hearing on 11-01-2023 at 10.00 a.m. It was instructed to serve the

notice to the Counter Petitioner through the Station House Officer, Orleanpet Police

Station, Puducherry. The notice was received by the Counter Petitioner.

9. On 11-01-2023, the Petitioner represented by Thiru Arul Kumar, Assistant

Sub-Inspector, Orleanpet Police Station, Puducherry and Counter Petitioner were

present.

10. I have heard both the sides 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 Gowtham (21), 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 attempt to murder, explosive case and disturbance to

the public peace and order. There are two criminal cases were registered against

him in the Orleanpet Police Station, Puducherry.

11. On perusal of the records submitted by the Petitioner and the

recommendation of the Superintendent of Police (East), 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, damages to public and private properties, 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.

12. 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 Gowtham (21), son of Saravanan, a resident of No. 117, Sanjai Gandhi

Nagar, Thennasalai Road, Orleanpet, 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 11th day of January, 2023 pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

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