M.C. No. 32/2023 of I.R. No. 01/2023 Under Section 144 of Cr.P.C./1232.

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No. 55 Poudouchéry Mardi 16 Mai 2023 (26 Vaisakha 1945)

No. Puducherry Tuesday 16th May 2023

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 32/2023 of I.R. No. 01/2023 Under Section 144 of Cr.P.C./1232

ORDER

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

State Represented by The Inspector of Police, Mudaliarpet Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Alex @ Alexander (36), S/o. Rajendiran, No. 8, Pandiyan Street, Pudu Nagar, Nainarmandapam, Puducherry.

. . Counter Petitioner

[ 235 ]LA GAZETTE DE L'ETAT [ PART-I 236 236 This petition along with case sheet is filed by the Inspector of Police, Mudaliarpet Police Station, Puducherry, represented by Thiru P. Anbazhagan, Sub-Inspector, Mudaliarpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against the Counter Petitioner 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 Alex @ Alexander (36), son of Rajendiran, a resident of No. 8, Pandiyan Street, Pudu Nagar, Nainarmandapam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Inspector of Police, Mudaliarpet Police Station, Puducherry, with the recommendation of Superintendent of Police (South), Puducherry vide I.R.No. 01/2023 under section 144 of Cr.P.C., dated 14-02-2023. Therein, it has been stated that the Counter Petitioner has involved in crime such as 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 city limits. It is also stated that he is leading lavish life with the money earned through extortion. The Petitioner has also submitted that the Counter Petitioner is a young and energetic rowdy element and shows his muscle power by committing offences for petty reasons. 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. 147/2019 under section 6 of POCSO Act, 2012 of Mudaliarpet Police Station, Puducherry, dated 05-11-2019 – Pending Trial.

(2) Cr.No. 322/2020 under sections 188, 269 IPC, 51(b) of DM Act r/w 3 of ED Act of Mudaliarpet Police Station, Puducherry, dated 28-05-2020 – Pending Trial.

(3) Cr.No. 482/2020 under sections 188, 269 IPC, 51(b) of DM Act r/w 3 of ED Act of Mudaliarpet Police Station, Puducherry, dated 28-05-2020 – Pending Trial.

(4) Cr.No. 07/2021 under section 6 of POP PD Act of Mudaliarpet Police Station, Puducherry, dated 14-01-2021.

(5) Cr.No. 114/2021 under sections 294(b), 341, 324, 506(ii) IPC r/w 149 IPC of Mudaliarpet Police Station, Puducherry, dated 05-07-2021 – Pending Trial.

(6) Cr.No. 06/2022 under sections 20(b) (II)(A) r/w 8 (c) of NDPS Act and 77 of JJ Care and Protection Act of Mudaliarpet Police Station, Puducherry, dated l3-01-2022 – Pending Trial.

(7) Cr.No. 83/2022 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC of Mudaliarpet Police Station, Puducherry, dated 21-06-2022 – Pending Trial.

(8) Cr.No. 02/2023 under sections 294(b), 323, 324, 506(ii) r/w 34 IPC, dated 03-01-2023 of Mudaliarpet Police Station, Puducherry.

4. It is also stated in the I.R that the Station House Officer has received reliable information that the Counter Petitioner is very active notorious rowdy element and has become a source of terror among the public. The Petitioner further stated that the Counter Petitioner was a habitual offender and involved in many hurt cases along with his associates. Further, stated that he intentionally engagedPART-I ] LA GAZETTE DE L'ETAT 237 persons by hire and insists them to create problems with their opposite groups and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.

5. Hence, the Inspector of Police, Mudaliarpet Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner to 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 27-03-2023 to appear for the hearing on 25-04-2023 and subsequent hearing on 27-04-2023. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mudaliarpet Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 27-04-2023, the Station House Officer represented by Thiru P. Anbazhagan, Sub-Inspector, Mudaliarpet Police Station, Puducherry and the Counter Petitioner were present.

8. 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 the Counter Petitioner 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 POCSO case, NDPS Act case, assault, unlawful activities and disturbance to the public peace and order. There are 8 criminal cases were registered against him in the Mudaliarpet Police Station. I have also heard the oral submissions of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

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 assault, annoyance, damages to 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 the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Alex @ Alexander (36), son of Rajendiran, a resident of No. 8, Pandiyan Street, Pudu Nagar, Nainarmandapam, 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 the 27th day of April, 2023 pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

LA GAZETTE DE L'ETAT [ PART-I 238 238

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 33/2023 of I.R. No. 02/2023 Under Section 144 of Cr.P.C./1233

ORDER

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

State Represented by The Inspector of Police, Mudaliarpet Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Balaji (33), S/o. Rajendiran, No. 32, Jeevanantham Street, Nagammal Nagar, Nainarmandapam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Inspector of Police, Mudaliarpet Police Station, Puducherry, represented by Thiru P. Anbazhagan, Sub-Inspector, Mudaliarpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C against the Counter Petitioner to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Thiru Balaji (33), son of Rajendiran, a resident of No. 32, Jeevanantham Street, Nagammal Nagar, Nainarmandapam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Inspector of Police, Mudaliarpet Police Station, Puducherry, with the recommendation of Superintendent of Police (South), Puducherry vide I.R.No. 02/2023 under section 144 of Cr.P.C., dated 14-02-2023. Therein, it has been stated that the Counter Petitioner has involved in crime such as 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 city limits. It is also stated that he is leading lavish life with the money earned through extortion. The Petitioner has also submitted that the Counter Petitioner is a young and energetic rowdy element and shows his muscle power by committing offences for petty reasons. 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. 147/2013 under section 302 IPC r/w 34 IPC of Orleanpet Police Station, Puducherry – Acquitted.

(2) Cr.No. 117/2017 under section 34 B IX of PP Act of Mudaliarpet Police Station, Puducherry – Convicted.

(3) Cr.No. 33/2022 under section 185 MV Act and 294(b), 186, 506(ii) IPC of Mudaliarpet Police Station, Puducherry, dated 10-03-2022 – Pending Trial.

PART-I ] LA GAZETTE DE L'ETAT 239

(4) Cr.No. 107/2022 under sections 294(b), 324, 506(ii) IPC of Mudaliarpet Police Station, Puducherry, dated 01-08-2022 – Pending Trial.

(5) Cr.No. 129/2022 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC of Mudaliarpet Police Station, Puducherry, dated 18-09-2022 – Pending Trial.

4. It is also stated in the I.R that the Station House Officer has received reliable information that the Counter Petitioner is very active notorious rowdy element and has become a source of terror among the public. The Petitioner further stated that the Counter Petitioner was a habitual offender and involved in many hurt cases along with his associates. Further, stated that he intentionally engaged persons by hire and insists them to create problems with their opposite groups and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.

7. On 27-04-2023, the Station House Officer represented by Thiru P. Anbazhagan, Sub-Inspector, Mudaliarpet Police Station, Puducherry and the Counter Petitioner were present. The learned Counsel, Thiru T. Narendrakumar was present and represented on behalf of the Counter Petitioner.

8. 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 the Counter Petitioner 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 5 criminal cases were registered against him in various Police Stations. I have also heard the oral submissions of the learned Counsel for the Counter Petitioner and written submissions, dated 16-02-2023 of the father of Counter Petitioner, which was forwarded to this Court by the District Collector, Puducherry. The learned Counsel for the Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

LA GAZETTE DE L'ETAT [ PART-I 240 240

10. 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 Balaji (33), son of Rajendiran, a resident of No. 32, Jeevanantham Street, Nagammal Nagar, Nainarmandapam, 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 the 27th day of April, 2023 pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

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