M.C. No. 119/2023 of I.R. No. 17/2023 Under Section 144 of Cr.P.C./744.

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No. 67 Poudouchéry Jeudi 18 Avril 2024 (29 Chaitra 1946)

No. Puducherry Thursday 18th April 2024

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 119/2023 of I.R. No. 17/2023 Under Section 144 of Cr.P.C./744

ORDER

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

State, Represented by the Sub-Inspector of Police, Lawspet Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Jana @ Janarthanan (26), S/o. Kumar,

No. 125, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry.

. . Counter Petitioner

[ 303 ]LA GAZETTE DE L'ETAT [ PART-I 304 304 This petition along with case sheet is filed by the Sub-Inspector of Police, Lawspet Police Station, Puducherry praying to pass orders under section 144 of Cr.P.C., against Thiru Jana @ Janarthanan (26), 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 Jana @ Janarthanan (26), son of Kumar, a resident of No. 125, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry.

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

was referred by the Sub-Inspector of Police, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 17/2023 under section 144 of Cr.P.C., dated 17-08-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crimes such as murder, violence, intimidation, 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. As a result, the people of the locality being afraid of the people of 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. 167/2011 under sections 294, 323, 506(ii) IPC of Lawspet Police Station, Puducherry – Pending Trial.

2. Cr.No. 180/11 under sections 341, 294, 323, 506(ii) IPC r/w 34 IPC of Lawspet Police Station, Puducherry – Pending Trial.

3. Cr.No. 181/2011 under sections 150, 402, 399 IPC and 25 (1-A) of Arms Act, 1959 and 5 of Explosive Substances Act, 1908 of Lawspet Police Station, Puducherry – Pending Trial.

4. Cr.No. 27/2017 under sections 148, 341, 294(b), 323, 364(A), 347, 386 IPC r/w 149 IPC of Muthialpet Police Station, Puducherry – Pending Trial.

5. Cr.No. 62/2022 under sections 147, 148, 302 r/w 149 IPC of Ariyankuppam Police Station, Puducherry.

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. 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 do 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 305

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 finally on 28-03-2024. 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 father Thiru P. Kumar. The service was held sufficient for the Counter Petitioner.

7. On 28-03-2024, the petitioner, Lawspet Police Station,Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.

He has involved in crimes such as murder, violence, intimidation, 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, the 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, Arjun Ramakrishnan, 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 Jana @ Janarthanan (26), son of Kumar, a resident of No. 125, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of 30 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 28th day of March, 2024, pronounced in the open Court.

ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

LA GAZETTE DE L'ETAT [ PART-I 306 306

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 120/2023 of I.R. No. 18/2023 Under Section 144 of Cr.P.C./746

ORDER

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

State, Represented by the Sub-Inspector of Police, Lawspet Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Jegan @ Jegadish (36), S/o. Kumar, No. 125, Edayanchavady Road, 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 Jegan @ Jegadish (36), 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 Jegan @ Jegadish (36), son of Kumar, a resident of No. 125, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case was referred by the Inspector of Police, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 18/2023 under section 144 of Cr.P.C., dated 19-09-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crimes such as murder, violence, intimidation, rioting, explosive cases, assault, disturbance to the public tranquility and order. The Counter Petitioner have created panic in the minds of local inhabitants and the business people in the Lawspet Police Station limits. As a result, the people of the locality being afraid of the people of 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. 27/2017 under sections 148, 341, 294 (b), 323, 364 (A), 347, 386 r/w 149 IPC of Muthialpet Police Station, Puducherry.

2. Cr.No. 62/2022 under sections 147, 148, 302 r/w 149 IPC of Ariyankuppam Police Station, Puducherry.

PART-I ] LA GAZETTE DE L'ETAT 307

7. On 28-03-2024, the petitioner, 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 Jegan @ Jegadish (36), 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 2 criminal cases were registered against him in various Police Stations.

10. Hence, I, Arjun Ramakrishnan, 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 Jegan @ Jegadish (36), son of Kumar, a resident of No. 125, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of 30 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 28th day of March, 2024, pronounced in the open Court.

ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

LA GAZETTE DE L'ETAT [ PART-I 308 308

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 121/2023 of I.R. No. 19/2023 Under Section 144 of Cr.P.C./747

ORDER

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

State, Represented by the Sub-Inspector of Police,

Lawspet Police Station,

Puducherry.

. . Petitioner

Vs.

Thiru Sowndaraj (27),

S/o. Govindasamy,

No. 70, Mettu Street,

Karuvadikuppam, Lawspet,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police, Lawspet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Sowndaraj (27), son of Govindasamy 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 Sowndaraj (27), son of Govindasamy, a resident of No. 70, Mettu Street, Karuvadikuppam, Lawspet, Puducherry.

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

was referred by the Sub-Inspector of Police, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 19/2023 under section 144 of Cr.P.C., dated 18-08-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crimes such as murder, violence, intimidation, rioting, 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. As a result, the people of the locality being afraid of the people of 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. 116/2015 under sections 147, 148, 449, 302 IPC r/w 149 IPC of Lawspet Police Station, Puducherry.

2. Cr.No. 62/2022 under sections 147, 148, 302 r/w 149 IPC of Ariyankuppam Police Station, Puducherry.

PART-I ] LA GAZETTE DE L'ETAT 309

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 finally on 28-03-2024. 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 Advocate Thiru Karthik. The service was held sufficient for the Counter Petitioner.

7. On 28-03-2024, the petitioner, 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 Sowndaraj (27), son of Govindasamy, 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 2 criminal cases were registered against him in various Police Stations.

10. Hence, I, Arjun Ramakrishnan, 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 Sowndaraj (27), son of Govindasamy, a resident of No. 70, Mettu Street, Karuvadikuppam, Lawspet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of 30 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 asLA GAZETTE DE L'ETAT [ PART-I 310 310 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 28th day of March, 2024, pronounced in the open Court.

ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 122/2023 of I.R. No. 20/2023 Under Section 144 of Cr.P.C./748

ORDER

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

State, Represented by the Sub-Inspector of Police, Lawspet Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Chandru @ Tamizhselvan (23), S/o. Sagadevan, No. 01, Pillaiyar Koil Street, Karuvadikuppam, Lawspet, Puducherry.

. . Counter Petitioners

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 Chandru @ Tamizhselvan (23) 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 Chandru @ Tamizhselvan (23), son of Sagadevan, a resident of No. 01, Pillaiyar Koil Street, Karuvadikuppam, Lawspet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case was referred by the Inspector of Police, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 20/2023 under section 144 of Cr.P.C., dated 18-08-2023. Therein, it has been stated that the Counter Petitioners have formed a gang of rowdies and bent upon indulging in crimes such as murder, violence, intimidation, explosive cases, assault, disturbance to the public tranquility and order. The Counter Petitioners have created panic in the minds of local inhabitants and the business people in the Lawspet Police Station limits. As a result, the people of the locality being afraid of the Counter Petitioners do not come forward to lodge any complaint against him. It isPART-I ] LA GAZETTE DE L'ETAT 311 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. 88/2019 under sections 120(b), 148, 341, 324, 326, 307, 109 IPC r/w 149 IPC, 3 and 4 of Explosive Substances Act, 1908 of Muthialpet Police Station, Puducherry.

2. Cr.No. 62/2022 under sections 147, 148, 302 r/w 149 IPC of Ariyankuppam Police Station, Puducherry.

5. Hence, the Station House Officer, Lawspet Police Station has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do 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 08-11-2023 to appear for the hearing on 28-11-2023 and subsequent hearings on 20-12-2023 and finally on 28-03-2024. 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 mother, Tmt. Jayasudha. The service was held sufficient for the Counter petitioner.

7. On 28-03-2024, the petitioner, 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 Chandru @ Tamizhselvan (23), 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, explosive cases, assault, unlawful activities and disturbance to the public peace and order. There are 2 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, the 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 isLA GAZETTE DE L'ETAT [ PART-I 312 312 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, Arjun Ramakrishnan, 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 Chandru @ Tamizhselvan (23), son of Sagadevan, a resident of No. 01, Pillaiyar Koil Street, Karuvadikuppam, Lawspet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of 30 days from the date of this order (in view of the 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 28th day of March, 2024, pronounced in the open Court.

ARJUN RAMAKRISHNAN, Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 123/2023 of I.R. No. 21/2023 Under Section 144 of Cr.P.C./745

ORDER

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

State, Represented by the Sub-Inspector of Police, Lawspet Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Sanjai @ Lenin Kumar @ Laddu (22), S/o. Ganesan, No. 188, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police, Lawspet Police Station, Puducherry praying to pass orders under section 144 of Cr.P.C., against Thiru Sanjai @ Lenin Kumar @ Laddu (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. The Counter Petitioner is Thiru Sanjai @ Lenin Kumar @ Laddu (22), son of Ganesan, a resident of No. 188, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry.

PART-I ] LA GAZETTE DE L'ETAT 313

3. The facts which led up to the petition are briefly as follows: The case was referred by the Sub-Inspector of Police, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 21/2023 under section 144 of Cr.P.C., dated 28-08-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crimes such as murder, violence, intimidation, 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. 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. 105/2019 under sections 294(b), 324 r/w 34 IPC, dated 10-10-2019 of Lawspet Police Station, Puducherry.

2. Cr. No. 67/2022 under sections 147, 148, 449, 452, 302 IPC r/w 149 IPC @ 120(B), 147, 148, 449, 452, 302 r/w 149 IPC, dated 26-05-2022 of Ariyankuppam Police Station, Puducherry.

3. Cr.No. 37/2023 under section 25(A-1) of Arms Act, 1959 and 506 (ii) IPC, dated 06-03-2023 of Lawspet Police Station, Puducherry.

5. 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.

7. On 28-03-2024, the petitioner, 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 Sanjai @ Lenin Kumar @ Laddu (22), 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, arms act, assault, unlawful activities and disturbance to the public peace and order. There are 3 criminal cases were registered against him in various Police Stations.

LA GAZETTE DE L'ETAT [ PART-I 314 314

10. Hence, I, Arjun Ramakrishnan, 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 Sanjai @ Lenin Kumar @ Laddu (22), son of Ganesan, a resident of No. 188, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of 30 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 28th day of March, 2024, pronounced in the open Court.

ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 125/2023 of I.R. No. 23/2023 Under Section 144 of Cr.P.C./743

ORDER

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

State, Represented by the Inspector of Police,

Lawspet Police Station,

Puducherry.

. . Petitioner

Vs.

Thiru Karthick @ Baba Karthik @ Karthikeyan (29),

s/o. Malayalathan,

No. 23, Gangaiamman Koil Street,

Karuvadikuppam, Lawspet,

Puducherry.

. . Counter PetitionerPART-I ] LA GAZETTE DE L'ETAT 315 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 Karthick @ Baba Karthik @ Karthikeyan (29), 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 Karthick @ Baba Karthik @ Karthikeyan (29), son of Malayalathan, a resident of No. 23, Gangaiamman Koil Street, Karuvadikuppam, Lawspet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case was referred by the Inspector of Police, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 23/2023 under section 144 of Cr.P.C., dated 14-09-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crimes such as murder, violence, intimidation, hurt, explosive case, 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. 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. 14/2012 under sections 448, 427, 324, 506(II) IPC r/w 34 IPC of Lawspet Police Station, Puducherry – Pending Trial.

2. Cr.No. 34/2012 under sections 147, 148, 341, 307, 427, 109 IPC r/w 149 IPC of Lawspet Police Station, Puducherry – Pending Trial.

3. Cr.No. 104/2012 under section 27 Arms Act 1959 and 34 BIX of PP Act – Pending Trial.

4. Cr.No. 170/2013 under section 34 BB of PP Act of Lawspet Police Station, Puducherry – Conviction.

5. Cr.No. 22/2014 under section 34 BB of PP Act of Lawspet, Police Station, Puducherry – Conviction.

6. Cr.No. 105/2017 under sections 324, 506(ii) IPC of Lawspet Police Station, Puducherry – Pending Trial.

7. Cr.No. 274/2017 under section 302 IPC r/w 34 IPC of Auroville Police Station, Tamil Nadu – Pending Trial.

8. Cr.No. 50/2019 under section l20(B) r/w 302,144 IPC r/w 149 IPC and 27(1) of Arms Act and 3 of Explosive Substances Act of Bahour Police Station, Puducherry – Pending Trial.

9. Cr.No. 98/2019 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC of Lawspet Police Station, Puducherry – Pending Trial.

10. Cr.No. 184/2020 under sections 294(b), 324 IPC of Lawspet Police Station, Puducherry – Under Investigation.

11. Cr.No. 44/2022 under sections 435, 506(II) r/w 34 IPC of Lawspet Police Station, Puducherry – Under Investigation.

12. Cr.No. 65/2022 under sections 448, 294(b), 354(B), 506(ii) IPC r/w 34 of Lawspet Police Station, Puducherry – Under Investigation.

LA GAZETTE DE L'ETAT [ PART-I 316 316

13. Cr.No. 137/2022 under section 34 BIX of PP Act of Lawspet Police Station, Puducherry – Under Investigation.

14. Cr.No. 135/2023 under sections 147, 148, 294(b). 323, 506(ii) r/w 393, 398 IPC of Mailayam 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 has 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 the 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, explodes country made bombs, 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 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 08-11-2023 to appear for the hearing on 28-11-2023 and subsequent hearings on 20-12-2023 and finally on 28-03-2024. 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 wife Tmt. K. Sivasankari. The service was held sufficient for the Counter Petitioner.

7. On 28-03-2024, the petitioner, Lawspet Police Station, Puducherry, and Court Petitioner were present.

8. I have heard both the sides carefully and gone through all the available records placed before me. In the Police Information report/petition, it is stated that the activities of Thiru Karthick @ Baba Karthik @ Karthikeyan (29), 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, hurt, explosive cases, assault, unlawful activities and disturbance to the public peace and order. There are 14 criminal cases were registered against him in various Police Stations.

9. Upon hearing both sides and 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, the 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;

PART-I ] LA GAZETTE DE L'ETAT 317

10. Hence, I, Arjun Ramakrishnan, 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 Karthick @ Baba Karthik @ Karthikeyan (29), son of Malayalathan, a resident of No. 23, Gangaiamman Koil Street, Karuvadikuppam, Lawspet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of 30 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 28th day of March, 2024, pronounced in the open Court.

ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 50/2024 of I.R. No. 31/2023 under section 144 of Cr.P.C./726

ORDER

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

State, Represented by the Station House Officer,

Muthialpet Police Station,

Puducherry.

. . Petitioner

Thiru Ajay @ Udayakumar (30),

s/o. Ponnan,

No. 75, Pillaiyar Koil Street,

Angalamman Nagar, Muthialpet,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Ajay @ Udayakumar (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. The Counter Petitioner is Thiru Ajay @ Udayakumar (30), son of Ponnan, a resident of No. 75, Pillaiyar Koil Street, Angalamman Nagar, Muthialpet, Puducherry.

LA GAZETTE DE L'ETAT [ PART-I 318 318

3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry, vide I.R.No. 31/2023, under section 144 of Cr.P.C., dated 09-11-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as antisocial activities by using deadly weapons 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 Muthialpet Police Station, Puducherry limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality, being afraid of the Counter Petitioner, do not come forward to lodge any complaint against him. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

1. Cr. No. 95/2020 under sections 120(B), 147, 148, 341, 302, 109 IPC r/w 149 IPC of Muthialpet Police Station, dated 07-09-2020.

2. Cr. No. 93/2021 under section 269 IPC and 3 of Epidemic Disease Act, 1897 of Muthialpet Police Station, dated 18-05-2021.

3. Cr. No. 123/2021 under section 269 IPC and 3 of Epidemic Disease Act, 1897 of Muthialpet Police Station, dated 31-05-2021.

4. It is also stated in the I.R. that the Station House Officer have received reliable information that the Counter Petitioner is desperate and is in dire need of money to maintain his rowdy gang to meet out in case trials and daily expenses. The Petitioner further stated that the Counter Petitioner is not a law abiding person and therefore, his criminal activities cannot be prevented by invoking the security proceedings under the Cr.P.C.

5. The Petitioner further sumbitted that if, the Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet 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 20-03-2024 to appear for the hearing on 25-03-2024 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 25-03-2024, the Petitioner Thiru P. Sivaprakassam, Sub-Inspector of Police, Muthialpet 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 Thiru Ajay @ Udayakumar (30), is in such a manner that he may cause breach of peace and create a problem of law and order andPART-I ] LA GAZETTE DE L'ETAT 319 public tranquility. He has involved in crimes such as murder, unlawful activities and disturbance to the public peace and order. There are 3 criminal cases were registered against him in Muthialpet Police Station, Puducherry. I have also heard the oral submissions of the Counsel for 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;

10. Hence, I, Arjun Ramakrishnan, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Ajay @ Udayakumar (30), son of Ponnan, No. 75, Pillaiyar Koil Street, Angalamman Nagar, Muthialpet, 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).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 51/2024 of I.R. No. 32/2023 under section 144 of Cr.P.C./729

ORDER

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

State, Represented by the Station House Officer, Muthialpet Police Station, Puducherry.

. . Petitioner

Thiru Ram @ Ramkumar (34), s/o. Dass, No. 4, Bharathiyar Street, Angalamman Nagar, Muthialpet, Puducherry.

. . Counter PetitionerLA GAZETTE DE L'ETAT [ PART-I 320 320 This petition along with case sheet is filed by Station House Officer, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Ram @ Ramkumar (34) 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 Ram @ Ramkumar (34), son of Dass, a resident of No. 4, Bharathiyar Street, Angalamman Nagar, Muthialpet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station, Puducherry through the Superintendent of Police (East), Puducherry vide I.R.No. 32/2023, under section 144 of Cr.P.C., dated 09-11-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as antisocial activities by using deadly weapons 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 Muthialpet Police Station, Puducherry limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality, being afraid of the Counter Petitioner, do not come forward to lodge any complaint against him. In this connection, the Petitioner had stated that the following criminal case was registered against the Counter Petitioner.

1. Cr. No. 53/2015 under sections 147, 148, 449, 302, 120(b) IPC r/w 149 IPC, dated 24-04-2015 of Lawspet Police Station, Puducherry.

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 20-03-2024 to appear for the hearing on 25-03-2024 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 25-03-2024, the Petitioner Thiru P. Sivaprakassam, Sub-Inspector of Police, Muthialpet Police Station, Puducherry was present. The Counter Petitioner has failed to appear before the Court on hearing date.

PART-I ] LA GAZETTE DE L'ETAT 321

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 Ram @ Ramkumar (34), 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, unlawful activities and disturbance to the public peace and order. There is one criminal case was registered against him in Lawspet Police Station, Puducherry.

9. 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.

10. Hence, I, Arjun Ramakrishnan, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Ram @ Ramkumar (34), son of Dass, No. 4, Bharathiyar Street, Angalamman Nagar, Muthialpet, 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).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 59/2024 of I.R. No. 71/2023 under section 144 of Cr.P.C./727

ORDER

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

State, Represented by the Station House Officer, Muthialpet Police Station, Puducherry.

. . Petitioner

VsLA GAZETTE DE L'ETAT [ PART-I 322 322 Thiru Jericovan (40), s/o. Marimuthu, No. 29, Kattamanikuppam, Muthialpet, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Jericovan (40) 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 Jericovan (40), son of Marimuthu, a resident of No. 29, Kattamanikuppam, Muthialpet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry vide I.R.No. 71/2023, under section 144 of Cr.P.C., dated 08-12-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as antisocial activities by using deadly weapons 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 Muthialpet Police Station, Puducherry limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality, being afraid of the Counter Petitioner, do not come forward to lodge any complaint against him. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

Sl. Crime No. and Section of Law Name of the No.

Police Station

(1)

(2)

(3)

1 Cr. No. 116/04 under section 34 BB of PP Act, dated Muthialpet

30-04-2004.

2 Cr. No. 13/06 under sections 324, 506 (ii) IPC r/w 34 IPC, Muthialpet

dated 15-01-2006.

3 Cr. No. 273/07 under sections 147, 148, 302 r/w 34 IPC and Muthialpet

149 IPC, dated 26-06-2007.

4 Cr. No. 184/09 under sections 452, 324, 427, 506 (ii) r/w 34 IPC, Muthialpet

dated 20-05-2009.

5 Cr. No. 186/09 under sections 452, 387, 427, 506 (ii) r/w 34 IPC, Muthialpet

dated 21-05-2009.

6 Cr. No. 294/09 under sections 324, 506 (ii) r/w 34 IPC, dated Muthialpet

02-09-2009.

7 Cr. No. 343/09 under section 27 of Arms Act & 34 B- IX Muthialpet

of PP Act, dated 26-10-2009.

8 Cr. No. 253/10 under sections 341, 324, 323, 506 (ii) IPC Muthialpet

r/w 34 IPC.

PART-I ] LA GAZETTE DE L'ETAT 323

(1)

(2)

(3)

9 Cr. No. 158/11 under sections 341, 324, 506(ii) r/w 34 IPC, Muthialpet

dated 15-07-2011.

10 Cr. No. 105/12 under sections 143, 150 IPC and 27 of Arms Lawspet

Act and Section 4 and 5 of Explosive Substance Act r/w 149 IPC.

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 20-03-2024 to appear for the hearing on 25-03-2024 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife, Tmt. Sangeetha. The service was held sufficient for the Counter Petitioner.

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 the Thiru Jericovan (40), 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, explosive, arms act case, assault, unlawful activities and disturbance to the public peace and order. There are 10 criminal cases were registered against him in various Police Stations.

9. 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;

LA GAZETTE DE L'ETAT [ PART-I 324 324

10. Hence, I, Arjun Ramakrishnan, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Jericovan (40), son of Marimuthu, No. 29, Kattamanikuppam, Muthialpet, 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 (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).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 90/2024 of I.R. No. 41/2023 Under Section 144 of Cr.P.C./725

ORDER

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

State, Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Vijay @ Kakka Viji (38), S/o. Senathibathy, No. 07, 1st Cross, Anna Street, Shanmugapuram, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer, Mettupalayam 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 Vijay @ Kakka Viji (38), son of Senathibathy, a resident of No. 07, 1st Cross, Anna Street, Shanmugapuram, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, through the Superintendent of Police (North), Puducherry vide I.R.No. 41/2023 underPART-I ] LA GAZETTE DE L'ETAT 325 section 144 of Cr.P.C., dated 01-12-2023. Therein, it has been stated that the Counter Petitioner has indulging in crimes such as murder, attempt to murder, hurt and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants. It is also stated that he is leading lavish life with the money earned through extortion. 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.

l. Cr.No. 134/2014 under sections 302 IPC r/w 34 IPC @ 147, 148, 452, 302 IPC r/w 149 IPC, dated 06-11-2014 of Reddiyarpalayam Police Station, Puducherry.

2. Cr.No. 50/2012 under section 25 (1)(a) of Arms Act, 1959, dated 13-03-2012 of Mettupalayam Police Station, Puducherry.

3. Cr.No. 277/2011 under section 25 (1)(a) of Arms Act, 1959, dated 19-12-2011 of Mettupalayam Police Station, Puducherry.

4. Cr.No. 42/2010 under sections 27(1-a) of Arms Act, 1959 and 506 (ii) IPC, dated 07-02-2010 of D'Nagar Police Station, Puducherry.

5. Cr.No. 200/2009 under sections 147, 148, 341, 307 IPC r/w 149 IPC, dated 24-11-2009 of Reddiyarpalayam Police Station, Puducherry.

6. Cr.No. 315/2007 under sections 302, 201 IPC, dated 06-10-2007 of Auroville Police Station, Tamil Nadu.

7. Cr.No. 287/2005 under sections 324 IPC r/w 34 IPC @ 326, 324 IPC r/w 34 IPC, dated 09-10-2005 of Lawspet Police Station, Puducherry.

8. Cr.No. 09/2004 under sections 324, 323 IPC r/w 34 IPC @ 323, 326 IPC r/w 34 IPC, dated 13-01-2004 of D'Nagar Police Station, Puducherry.

9. Cr.No. 18/2004 under sections 307, 427 IPC r/w 34 IPC, dated 22-01-2004 of D'Nagar Police Station, Puducherry.

10. Cr.No. 05/2003 under sections 341, 323, 506 (ii) IPC r/w 34 IPC, dated 15-01-2003 of Lawspet Police Station, Puducherry.

11. Cr.No. 109/2003 under sections 147, 148, 307 IPC r/w 149 IPC, dated 28-06-2003 of Lawspet 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 collecting mamool through his associates from the shopkeepers at Shanmugapuram, Mettupalayam area and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.

LA GAZETTE DE L'ETAT [ PART-I 326 326

5. Hence, the Station House Officer of Mettupalayam 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 so as to prevent danger to the human life and properties and disturbance to the public tranquility and order.

It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife Tmt. V. Kalpana. The service was held sufficient for the Counter Petitioner.

7. On 27-03-2024, the Station House Officer, Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.

He has involved in crimes such as murder, hurt, dacoity, assault, unlawful activities and disturbance to the public peace and order. There are 11 criminal cases were registered against him in various Police Stations.

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, Arjun Ramakrishnan, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Vijay @ Kakka Viji (38), son of Senathibathy, a resident of No. 07, 1st Cross, Anna Street, Shanmugapuram, 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.

At Puducherry, dated on this 27th day of March, 2024, pronounced in the open Court.

ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

PART-I ] LA GAZETTE DE L'ETAT 327

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 91/2024 of I.R. No. 51/2023 Under Section 144 of Cr.P.C./723

ORDER

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

State, Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Dhinesh @ Kokkadi (24), S/o. Rajendiran, No. 28, Pump House Street, Seran Nagar, Muthirayarpalayam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Dhinesh @ Kokkadi (24), 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 Dhinesh @ Kokkadi (24), son of Rajendiran, a resident of No. 28, Pump House Street, Seran Nagar, Muthirayarpalayam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 51/2023 under section 144 of Cr.P.C., dated 05-12-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and involved in murder, rioting and indulging in crimes such as by using lethal weapons and extortion. It is also stated that the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. 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. 77/2017 under sections 147, 148, 294(b), 324, 506(i) r/w 149 IPC, dated 29-03-2017 of D' Nagar Police Station, Puducherry.

2. Cr.No. 94/2019 under sections 147, 148, 294(b), 307, 302, 120(B) IPC r/w 149 IPC, 73 of Explosive Substances Act of Vanur Police Station, Tamil Nadu.

3. Cr.No. 11/2020 under sections 294(b), 427, 324, 506(ii) r/w 34 IPC, dated 15-04-2020 of D' Nagar Police Station, Puducherry.

LA GAZETTE DE L'ETAT [ PART-I 328 328

4. The Petitioner further submitted that the Counter Petitioner is a notorious rowdy element and become a source of terror among the public. The Counter Petitioner collects mamool through his associates from the business people and also planned to attack his rival parties. It is also stated that he has involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law.

5. The Petitioner further, submitted that if, the Counter Petitioner is allowed to reside in Puducherry North limits, it is apprehended that he would continue to indulge in serious offences like hurt, 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, Mettupalayam 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 of citizens and uphold public peace 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 19-03-2024 to appear for the hearing on 27-03-2024 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 27-03-2024, the Station House Officer, Mettupalayam 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 Dhinesh @ Kokkadi (24), 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 three 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, the Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, extortion, 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. 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, Arjun Ramakrishnan, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibitPART-I ] LA GAZETTE DE L'ETAT 329 the Counter Petitioner Thiru Dhinesh @ Kokkadi (24), son of Rajendiran, a resident of No. 28, Pump House Street, Seran Nagar, Muthirayarpalayam, 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, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 27th day of March, 2024, pronounced in the open Court.

ARJUN RAMAKRISHNAN, Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 92/2024 of I.R. No. 1/2024 Under Section 144 of Cr.P.C./724

ORDER

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

State, Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Rangaraj @ Pullian Kottai (24), S/o. Ramalingam, No. 31, East Street, Sanarapet, Mettupalayam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Rangaraj @ Pullian Kottai (24), 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 Rangaraj @ Pullian Kottai (24), son of Ramalingam, a resident of No. 31, East Street, Sanarapet, Mettupalayam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 01/2024 under section 144 of Cr.P.C., dated 20-02-2024. Therein it has been stated that the Counter Petitioner has indulging in crimes such as dacoity, riot, hurt, intimidation and disturbance to the public tranquility and order. It is also stated that the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, theLA GAZETTE DE L'ETAT [ PART-I 330 330 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. 06/2021 under sections 294(b), 385 IPC, dated 24-01-2021 of Reddiyarpalayam Police Station, Puducherry.

2. Cr.No. 02/2021 under sections 324, 397 IPC, dated 04-01-2021 of Reddiyarpalayam Police Station, Puducherry.

3. Cr.No. 11/2020 under sections 294(b), 427, 324, 506(ii) r/w 34 IPC, dated 29-01-2020 of D' Nagar Police Station, Puducherry.

4. Cr.No. 46/2019 under sections 302, 109 IPC r/w 34 IPC and 3 of Explosive Substances Act, 1908 @ 120-B, 302, 109 IPC r/w 34 IPC and 3 of Explosive Substance Act, 1908, dated 23-09-2019 of Kalapet Police Station, Puducherry.

5. Cr.No. 94/2019 under sections 294(b), 324, 307, 3 of Explosive Substances Act, 1908 @ 302 IPC, dated 15-04-2019 of Vanur Police Station, Tamil Nadu.

6. Cr.No. 19/2019 under sections 25 (1) (a) of Arms Act, 1959, dated 20-02-2019.

7. Cr.No. 68/2018 under sections 294 (b), 324, 506 (ii) r/w 149 IPC, dated 19-04-2018 of Odiansalai Police Station, Puducherry.

8. Cr.No. 363/2018 under section 399 IPC, dated 19-04-2018 of Kottakuppam Police Station, Tamil Nadu.

9. Cr.No. 33/2018 under sections 294 (b), 427, 506 (ii) IPC r/w 34 IPC, dated 19-04-2018 of Mettupalayam Police Station, Puducherry.

10. Cr.No. 19/2023 under sections 294 (b), 323, 506 (ii) IPC and 25 (1-A) of Arms Act, 1959, dated 21-01-2023 of Mettupalayam Police Station, Puducherry.

11. Cr.No. 61/2023 under sections 120 (B), 144 r/w 149 IPC and section 4 of Explosive Substances Act, 1908 and 25 (1-A) of Arms Act, 1959.

4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he has involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law.

5. The Petitioner further, submitted that if, the Counter Petitioner is allowed to reside in Puducherry North limits, it is apprehended that he would continue to indulge in serious offences like murder, extortion, 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, Mettupalayam 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 of citizens and uphold public peace and order.

PART-I ] LA GAZETTE DE L'ETAT 331

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 19-03-2024 to appear for the hearing on 27-03-2024 and further hearing on 27-03-2024 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife. The service was held sufficient for the Counter Petitioner.

7. On 27-03-2024, the Station House Officer, Mettupalayam 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 Rangaraj @ Pullian Kottai (24), 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, explosive, arms case, unlawful activities and disturbance to the public peace and order. There are 11 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, the Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, extortion, 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. 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 Arjun Ramakrishnan, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Rangaraj @ Pullian Kottai (24), son of Ramalingam, a resident of No. 31, East Street, Sanarapet, Mettupalayam, 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, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 27th day of March, 2024, pronounced in the open Court.

ARJUN RAMAKRISHNAN, Subdivisional Magistrate (North).

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