[ 13 ]

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 96/2023 of I.R. No. 06/2023 Under Section 144 of Cr.P.C./11

ORDER

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

State Represented by the Inspector of Police,

Mudaliarpet Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Kalvi @ Kalviselvam (30),

S/o. Selvapandian,

No. 523, 8th Cross,

Thulukanathamman Nagar,

Velrampet,

Puducherry.

. .

Counter Petitioner

Registered with the Registrar

of Newspapers for India

under No. 10410

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No.

Poudouchéry

Lundi

Janvier

2024 (18 Pausa 1945)

No.

Puducherry

Monday

8th

January

2024

1 4

LA GAZETTE DE L’ETAT

[ PART-I

This petition along with case sheet is filed by the Inspector of Police,

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 Kalvi @ Kalviselvam (30), son of

Selvapandian, a resident of No. 523, 8th Cross, Thulukanathamman Nagar, Velrampet,

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,

through the Superintendent of Police (South), Puducherry vide I.R.No. 06/2023

under section 144 of Cr.P.C., dated 27-07-2023. Therein, it has been stated that the

Counter Petitioner has involved in crime such as hurt, attempt to murder, 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. 89/2014 under section 27(1) Arms Act of Mudaliarpet Police

Station, Puducherry – Pending Trial.

2. Cr.No. 76/2019 under sections 294(b), 323, 506(ii) r/w 34 IPC of

Mudaliarpet Police Station, Puducherry – Pending Trial.

3. Cr.No. 319/2020 under sections 143, 294(b), 324, 427, 506(ii) r/w 34 IPC

of Mudaliarpet Police Station, Puducherry – Pending Trial.

4. Cr.No. 320/2020 under sections 143, 294(b), 324, 427, 506(ii) r/w 34 IPC

of Mudaliarpet Police Station, Puducherry – Pending Trial.

5. Cr.No. 365/2020 under sections 143, 294(b), 324, 307 r/w 34 IPC of

Mudaliarpet Police Station, Puducherry – Pending Trial.

6. Cr.No. 413/2020 under sections 294(b), 427, 506(ii) r/w 34 IPC of

Mudaliarpet Police Station, Puducherry – Pending Trial.

7. Cr.No. 536/2020 under sections 143, 144, 294(b), 324, 307 IPC r/w 149

of Mudaliarpet Police Station, Puducherry – Pending Trial.

8. Cr.No. 38/2021 under section 27(1) Arms Act of Mudaliarpet Police

Station, Puducherry – Pending Trial.

9. Cr.No. 41/2022 under sections 109, 294(b), 324, 427, 506(ii) IPC r/w 34

IPC of Mudaliarpet Police Station, Puducherry – Pending Trial.

10. Cr.No. 98/2022 under sections 342, 395, 364-A, 506(ii) of Mudaliarpet

Police Station, Puducherry – Pending Trial.

PART-I ]

LA GAZETTE DE L’ETAT

4. It is also stated in the I.R that the Station House Officer have 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.

5. Hence, the Inspector of Police, Mudaliarpet Police Station, Puducherry,

has prayed to invoke provisions under section of 144 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 03-11-2023 to appear for the hearing on 22-11-2023

and subsequent hearing on 27-12-2023. 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 27-12-2023, the Petitioner Thiru L. V. Senthilkumar, Inspector of Police,

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 attempt to murder, arms act, assault,

unlawful activities and disturbance to the public peace and order. There are 10 criminal

cases were registered against him in the Mudaliarpet Police Station, Puducherry.

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 murder, 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.

1 6

LA GAZETTE DE L’ETAT

[ PART-I

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 Kalvi @ Kalviselvam (30), son of Selvapandian, a resident of

No. 523, 8th Cross, Thulukanathamman Nagar, Velrampet, 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.

At Puducherry, dated on this 27th day of December, 2023 pronounced in

the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.