[ 235 ]

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

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

Amﬂºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - I

E≈©A ÿkπX|

EXTRAORDINAIRE

EXTRAORDINARY

∂]ÔV´D ÿ√u≈

Publiée par

Published by

ÿkπX|

Autorité

Authority

®ı

Amﬂºƒˆ

ÿƒÀkVF¬˛wÁ\

2023 }

º\ |

16 {

No.

Poudouchéry

Mardi

Mai

2023 (26 Vaisakha 1945)

No.

Puducherry

Tuesday

16th

May

2023

236

LA GAZETTE DE L’ETAT

[ PART-I

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 engaged

PART-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).

238

LA GAZETTE DE L’ETAT

[ PART-I

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