[ 25 ]

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 117/2023 of I.R. No. 14/2023 Under Section 144 of Cr.P.C./112

ORDER

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

State Represented by the Inspector of Police,

Lawspet Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Parthiban @ Bharathi (30),

S/o. Balasubramaniyan,

No. 70, Mariamman Koil Street,

Maduvupet,

Lawspet,

Puducherry.

. .

Counter Petitioner

Registered with the Registrar

of Newspapers for India

under No. 10410

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Poudouchéry

Jeudi

Janvier

2024 (5 Magha 1945)

No.

Puducherry

Thursday

25th

January

2024

2 6

LA GAZETTE DE L’ETAT

[ PART-I

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

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

Cr.P.C., against Thiru Parthiban @ Bharathi (30), to prevent imminent danger to

human lives and properties and disturbance to the public tranquility and order, in

the jurisdiction of this Court.

2. Counter Petitioner is Thiru Parthiban @ Bharathi (30), son of

Balasubramaniyan, a resident of No. 70, Mariamman Koil Street, Maduvupet,

Lawspet, Puducherry.

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

referred by the Inspector of Police, Lawspet Police Station, Puducherry, with the

recommendation of the Superintendent of Police (North), Puducherry vide I.R.No.

14/2023 under section 144 of Cr.P.C., dated 09-07-2023. Therein, it has been stated

that the Counter Petitioner has formed a gang of rowdies and bent upon indulging

in crime such as murder, violence, intimidation, dacoity, hurt, explosive cases,

assault, 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

Lawspet Police Station limits, Puducherry. 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. 172/10 under sections 147, 148, 302, 303 r/w 149 IPC & 27 of

Arms Act of Odiansalai Police Station, Puducherry.

2. Cr.No. 210/11 under sections 399, 402 IPC r/w 149 IPC & 27 of Arms Act

of Grand Bazaar Police Station, Puducherry.

3. Cr.No. 38/2017 under sections 324, 506(II) IPC r/w 34 IPC of Lawspet

Police Station, Puducherry.

4. Cr.No. 33/2019 under sections 399, 402 IPC & 27 of Arms Act of

Lawspet Police Station, Puducherry.

5. Cr.No. 294/2019 under sections 147, 148, 307, 302 IPC r/w 140 IPC of

Vadalur Police Station, Tamil Nadu.

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

active notorious rowdy elements and have become a threat and menace to the

innocent people and therefore, his criminal activities cannot be prevented by

invoking the mere security proceedings under the Cr.P.C.

5. The Petitioner further submitted that if, Counter Petitioner is allowed to

reside in Lawspet limits, it is apprehended that he would continue to indulge in

serious offences like assault, criminal intimidation, 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, Lawspet 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.

PART-I ]

LA GAZETTE DE L’ETAT

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 08-11-2023 to appear for the hearing on 28-11-2023

and subsequent hearings on 20-12-2023 and 26-12-2023. It was instructed to serve

the notice to the Counter Petitioner through the Station House Officer, Lawspet

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

his brother Thiru Jegan. The service was held sufficient for the Counter Petitioner.

7. On 26-12-2023, Thiru A. Tamilarasan, Sub-Inspector of Police, Lawspet

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 Parthiban @ Bharathi 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, violence, intimidation, dacoity, hurt,

explosive cases, assault, unlawful activities and disturbance to the public peace

and order. There are 5 criminal cases were registered against him in various Police

Stations.

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,

Counter Petitioner will continue to indulge in and also motivate serious offences

like murder, assault, obstructions, annoyance, damages to public and private

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

of 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Parthiban @ Bharathi (30), son of Balasubramaniyan, a resident of

No. 70, Mariamman Koil Street, Maduvupet, Lawspet, 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, you may represent against this order before the

undersigned by post or by Counsel.

At Puducherry, dated on this 26th day of December, 2023 pronounced in

the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

2 8

LA GAZETTE DE L’ETAT

[ PART-I

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 118/2023 of I.R. No. 15/2023 Under Section 144 of Cr.P.C./111

ORDER

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

State Represented by the Inspector of Police,

Lawspet Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Dharmaseelan @ Idhayammurali (22),

S/o. Selvam,

No. 10, Ponniyamman Koil Street,

Karuvadikuppam,

Lawspet,

Puducherry.

. .

Counter Petitioner

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

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

Cr.P.C., against Thiru Dharmaseelan @ Idhayammurali (22), to prevent imminent

danger to human lives and properties and disturbance to the public tranquility and

order, in the jurisdiction of this Court.

2. Counter Petitioner is Thiru Dharmaseelan @ Idhayammurali (22),

son of Selvam, a resident of No. 10, Ponniyamman Koil Street, Karuvadikuppam,

Lawspet, Puducherry.

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

referred by the Inspector of Police, Lawspet Police Station with the recommendation

of the Superintendent of Police (North), Puducherry vide I.R.No.15/2023 under

section 144 of Cr.P.C., dated 01-08-2023. Therein, it has been stated that the Counter

Petitioner indulging in crime such as hurt, intimidation, violence, assault, rioting

and 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

Lawspet Police Station limits, Puducherry. In this connection, the Petitioner had

stated that the following criminal cases were registered against the Counter

Petitioner.

1. Cr. No. 06/2022 under sections 147, 148, 427, 506 (ii) IPC r/w 149 IPC of

Lawspet Police Station, Puducherry.

2. Cr. No. 24/2022 under sections 341, 294(b), 506 (ii) IPC r/w 34 IPC of

Lawspet Police Station, Puducherry.

PART-I ]

LA GAZETTE DE L’ETAT

4. It is also stated in the I.R that the Counter Petitioner with his associates

had brutally murdered one dangerous criminal Podimass @ Sarathkumar. It is further

stated in the I.R that the Counter Petitioner is young and very active notorious

rowdy elements and have become a threat and menace to the innocent people and

therefore, his criminal activities cannot be prevented by invoking the mere security

proceedings under the Cr.P.C.