[ 273 ]

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 20/2024 of I.R. No. 01/2024 Under Section 144 of Cr.P.C./698

ORDER

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

State, Represented by the Station House Officer,

Kalapet Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Gowthaman (26),

S/o. Narayanan,

No. 52, Thideer Nagar,

Chinnakalapet,

Puducherry.

. .

Counter Petitioner

Registered with the Registrar

of Newspapers for India

under No. 10410

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2024 (15 Chaitra 1946)

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Puducherry

Thursday

4th

April

2024

274

LA GAZETTE DE L’ETAT

[ PART-I

274

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

Thiru S.R. Kumar, Sub-Inspector, Kalapet Police Station, Puducherry, praying to

pass orders under section 144 of Cr.P.C., against Thiru Gowthaman, 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 Thiru Gowthaman (26), son of Narayanan,

is a resident of No. 52, Thideer Nagar, Chinnakalapet, Puducherry.

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

referred by the Station House Officer, Kalapet Police Station, Puducherry, through

the Superintendent of Police (East), Puducherry vide I.R.No. 01/2024 under section

144 of Cr.P.C., dated 02-01-2024 that you have formed a gang of rowdies and bent

upon indulging in crime such as murder, attempt to murder, grievous hurt, extortion

and disturbance to the public peace and tranquility and you have created panic in

the minds of local inhabitants in the Police Station limits. As a result, the people of

the locality being afraid of you 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. 57/2015 under sections 147, 148, 341, 427, 324, 307, 506(ii) r/w

149 IPC, dated 02-09-2015 of Kalapet Police Station, Puducherry.

2. Cr.No. 58/2016 under sections 294(b), 324, 506(ii) IPC r/w 34 IPC @ 143,

147, 148, 294(b), 307, 506(ii) IPC r/w 149 IPC, dated 08-06-2016 of Kalapet

Police Station, Puducherry.

3. Cr.No. 115/2017 under sections 326, 506(ii) r/w 34 IPC, dated 24-11-2017

of Kalapet Police Station, Puducherry.

4. Cr.No. 306/2019 under sections 147, 148, 294(b), 341, 324, 120(b), 307,

302 IPC, dated 11-07-2019 of Kottakuppam Police Station, Tamil Nadu.

4. The Petitioner has also submitted that the Counter Petitioner is not a

law abiding citizen, he has often violated the conditions imposed by the Court while

he was released on bail. He is very active and therefore, his criminal activities cannot

be prevented by invoking the mere security proceedings under the Cr.P.C.;

5. The Petitioner also submitted that the Counter Petitioner threaten the

business people in the Puducherry area and extort money from them by threatening.

It is further stated that you are involving in various offences by using deadly

weapons and also earned displeasure among a section of other rowdy group in the

area on account of the grudge against you and hence, rival group is also waiting

opportunity to take revenge upon you;

6. The Petitioner further submitted that if, you are allowed to reside in

Puducherry limits, it is apprehended that the Counter Petitioner would continue to

indulge in serious offences like murder, assault, obstructions, annoyance, damages

to public and private properties, etc., and thereby emerged as a perennial source

of threat to the community and disturb public peace and order. Hence, the Station

House Officer, Kalapet Police Station, Puducherry, has prayed to invoke provisions

under section 144 of Cr.P.C., against you 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

275

7. 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 05-03-2024 to appear for the hearing on 18-03-2024 at

10.00 a.m. and subsequent hearings on 20-03-2024 and 25-03-2024. It was instructed

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

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

received by his mother Tmt. N. Meenatchi. The service was held sufficient for the

Counter Petitioner;

8. On 25-03-2024, the Petitioner Thiru S.R. Kumar, Sub-Inspector, Kalapet

Police Station, Puducherry, was present. The Counter Petitioner has failed to appear

before the Court on hearing date;

9. 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

Thiru Gowthaman’s activity was 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, grievous hurt, assaulting with deadly weapons, unlawful

activities causing damage to public property, obstructions and annoyance, and

disturb public peace and order. There are 4 criminal cases were registered against

him at various Police Stations;

10. 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, Counter Petitioner will continue to indulge in and also motivate

serious offences like murder, hurt, 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;

11. Hence, I, ARJUN RAMAKRISHNAN, 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 Gowthaman (26), son of Narayanan, No. 52, Thideer Nagar,

Chinnakalapet, Puducherry, from entering into the region under the jurisdiction of

the Subdivisional Magistrate Court (North), for a period of 30 (thirty days) from

the date of this order (in view of GELS-2024) 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 25th day of March, 2024 pronounced in the

open Court.

ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

————

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