M.C. No. 115/2023 of I.R. No. 12/2023 Under Section 144 of Cr.P.C./783.

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No. 73 Poudouchéry Mardi 30 Avril 2024 (10 Vaisakha 1946) No. Puducherry Tuesday 30th April 2024

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 115/2023 of I.R. No. 12/2023 Under Section 144 of Cr.P.C./783

ORDER

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

State, Represented by the Station House Officer,

Lawspet Police Station,

Puducherry.

. . Petitioner

Vs.

Thiru Chozhan @ Chozharajan (43),

s/o. Munusamy,

No. 6, MNGP Quarters,

Lawspet, Puducherry.

. . Counter Petitioner

[ 377 ]LA GAZETTE DE L'ETAT [ PART-I 378 378 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 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 Chozhan @ Chozharajan (43), son of Munusamy, a resident of No. 6, MNGP Quarters, Lawspet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case was referred by the Station House Officer, Lawspet Police Station with the recommendation of the Superintendent of Police (North), Puducherry vide I.R. No. 12/2023 under section 144 of Cr.P.C., dated 08-07-2023.

4. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crimes such as murder, dacoity, explosive act, arms act, hurt, violence, intimidation, assault, disturbance to the public tranquility and order.

5. 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. 187/2007 under sections 356, 379 IPC r/w 34 IPC @ 394 IPC r/w 34 IPC of Thavalakuppam Police Station, Puducherry – Pending Trial.

2. Cr. No. 108/2008 under sections 147, 148, 452, 302 IPC r/w 149 IPC, section 3 (B) of Explosive Substance Act, 1908 @ 148, 449, 302, 404, 414, 212 IPC r/w 149 IPC of Reddiyarpalayam Police Station, Puducherry – Pending Trial.

3. Cr. No. 44/2009 under section 27 of Arms Act, 506(ii) IPC of Lawspet Police Station, Puducherry – Pending Trial.

4. Cr. No. 26/2010 under section 143 IPC and section 25 (B-1) (b) of Arms Act, 1959 r/w 149 IPC of Thirubuvanai Police Station, Puducherry – Pending Trial.

5. Cr. No. 88/2010 under sections 427, 448, 506 (ii) IPC @ 427, 448, 506(ii) IPC r/w 34 IPC and section 27 of Arms Act of Lawspet Police Station, Puducherry – Pending Trial.

6. Cr. No. 149/2010 under section 150 IPC and section 27 of Arms Act of Lawspet Police Station, Puducherry – Pending Trial.

7. Cr. No. 170/2010 under sections 147, 148, 302, 109 IPC r/w 149 IPC, Section 3 of Explosive Substance Act, 1908 of Grand Bazaar Police Station, Puducherry – Pending Trial.

PART-I ] LA GAZETTE DE L'ETAT 379

8. Cr. No. 8/2011 under sections 150, 399, 402 r/w 149 IPC and section 27(i) of Arms Act, 1859 of Lawspet Police Station, Puducherry – Pending Trial.

9. Cr. No. 55/2011 under section 324 IPC r/w 34 IPC, Kalapet Police Station, Puducherry – Convicted.

10. Cr. No. 291/2011 under section 27 of Arms Act and Section 34 B IX of PP Act of Lawspet Police Station, Puducherry – Pending Trial.

11. Cr. No. 199/2012 under sections 450, 347, 294, 354, 395, 397 IPC of Odiansalai Police Station, Puducherry – Pending Trial.

12. Cr. No. 88/2019 under sections 120(b), 148, 341, 324, 307, 302, 109 IPC r/w 149 IPC and 3 of Explosive Substance Act, 1908 IPC of Muthialpet Police Station, Puducherry – Pending Trial.

6. 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.

7. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Lawspet limits, it is apprehended that they would continue to indulge in serious offences like assault, explodes country made bombs, 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 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.

8. 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 at 10.00 a.m. and further, hearings on 20-12-2023, 28-03-2024 and 05-04-2024. 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 served by affixing it at his house. The service was held sufficient for the Counter Petitioner.

9. On 05-04-2024, the Petitioner represented by Thiru G. Raja, S.G.H.C., Lawspet Police Station, Puducherry was present. The Counter Petitioner has failed to appear before the Court on hearing date.

10. 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 Counter Petitioner in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He was involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 12 criminal cases were registered against him in various Police Stations.

LA GAZETTE DE L'ETAT [ PART-I 380 380

11. 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.

12. 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 Chozhan @ Chozharajan (43), son of Munusamy, a resident of No. 6, MNGP Quarters, 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 (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, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 5th day of April, 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. 116/2023 of I.R. No. 13/2023 Under Section 144 of Cr.P.C./784

ORDER

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

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

. . Petitioner

Vs.

Thiru Pandiyarajan (36), s/o. Munusamy, No. 313, Janani Blossom Apartment, M-Cross, Krishna Nagar,

Lawspet, Puducherry.

. . Counter PetitionerPART-I ] LA GAZETTE DE L'ETAT 381 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 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 Pandiyarajan (36), son of Munusamy, a resident of No. 313, Janani Blossom Apartment, M-Cross, Krishna Nagar, Lawspet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case was referred by the Station House Officer, Lawspet Police Station with the recommendation of the Superintendent of Police (North), Puducherry vide I.R. No. 13/2023 under section 144 of Cr.P.C., dated 08-07-2023.

5. 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 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. 01/2010 under section 27 of Arms Act r/w 34 IPC of D' Nagar Police Station, Puducherry.

2. Cr. No. 149/2010 under sections 150 IPC and section 27 of Arms Act of Lawspet Police Station, Puducherry.

3. Cr. No. 8/2011 under sections 150, 399, 402 r/w 149 IPC and section 27 (i) of Arms Act 1859 of Lawspet Police Station, Puducherry.

4. Cr. No. 88/2019 under sections 120(b), 148, 341, 324, 307, 302, 109 IPC r/w 149 IPC and 3 of Explosive Substance Act, 1908, Muthialpet Police Station, Puducherry.

LA GAZETTE DE L'ETAT [ PART-I 382 382

9. On 05-04-2024, the Petitioner represented by Thiru G. Raja, S.G.H.C., Lawspet Police Station, Puducherry was present. The Counter Petitioner has failed to appear before the Court on hearing date.

10. 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 Counter Petitioner in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He was involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 4 criminal cases were registered against him in various Police Stations.

12. 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 Pandiyarajan (36), son of Munusamy, a resident of No. 313, Janani Blossom Apartment, M-Cross, Krishna Nagar, 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 (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, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 5th day of April, 2024, pronounced in the open Court.

ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

PART-I ] LA GAZETTE DE L'ETAT 383

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH) AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 41/2024 of I.R. No. 05/2024 Under Section 144 of Cr.P.C./781

ORDER

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

State, Represented by the Inspector of Police, Mudaliarpet Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Nirmal (19), s/o. Muthukrishnan, No. 29, 1st Cross Street, Velrampet, Puducherry.

. . Counter Petitioner

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 Nirmal (19), son of Muthukrishnan, a resident of No. 29, 1st Cross Street, 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. 05/2024 under section 144 of Cr.P.C., dated 13-01-2024. Therein, it has been stated that the Counter Petitioner has been involved in many bodily offence cases and causing 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 case was registered against the Counter Petitioner.

1. Cr. No. 126/2023 under sections 120-B, 147, 148, 302 IPC and 3, 4 of Explosive Substance Act, 1908 r/w 149 IPC of Mudaliarpet Police Station, Puducherry.

4. It is also stated in the I.R. that the petitioner 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 thatLA GAZETTE DE L'ETAT [ PART-I 384 384 the Counter Petitioner had involved in many criminal 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 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 18-03-2024 to appear for the hearing on 20-03-2024 and subsequent hearings on 25-03-2024 and 02-04-2024. 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 02-04-2024, the 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 are in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He was involved in crimes such as murder, explosive substance, unlawful activities and disturbance to the public peace and order. There is one criminal case registered against the Counter Petitioner 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.

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 Nirmal (19), son of Muthukrishnan, a resident of No. 29, 1st Cross Street, Velrampet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of 20 days from the date of this order (in view of the GELS-2024) or till any further orders arePART-I ] LA GAZETTE DE L'ETAT 385 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 2nd day of April, 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. 42/2024 of I.R. No. 06/2024 Under Section 144 of Cr.P.C./782

ORDER

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

State, Represented by the Inspector of Police,

Mudaliarpet Police Station,

Puducherry.

. . Petitioner

Vs.

Thiru Ranjith (20),

s/o. Rajamanickam,

No. 5, Erikarai Street,

Velrampet, Puducherry.

. . Counter Petitioner

2. The Counter Petitioner is Thiru Ranjith (20), son of Rajamanickam, a resident of No. 5, Erikarai Street, Velrampet, Puducherry.

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 offencesLA GAZETTE DE L'ETAT [ PART-I 386 386 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 case was registered against the Counter Petitioner.

1. Cr. No. 126/2023 under sections 120-B, 147, 148, 302 IPC and 3, 4 of Explosive Substance Act, 1908 r/w 149 IPC, dated 21-06-2023 of Mudaliarpet Police Station, Puducherry.

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 had involved in many criminal 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 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.

7. On 02-04-2024, the Inspector of Police, Mudaliarpet Police Station, Puducherry and the Counter Petitioner were present.

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 isPART-I ] LA GAZETTE DE L'ETAT 387 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.

12. 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 Ranjith (20), son of Rajamanickam, a resident of No. 5, Erikarai Street, Velrampet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of 20 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.

At Puducherry, dated on this 2nd day of April, 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. 43/2024 of I.R. No. 07/2024 Under Section 144 of Cr.P.C./781-A

ORDER

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

State, Represented by the Inspector of Police,

Mudaliarpet Police Station,

Puducherry.

. . Petitioner

Vs.

Thiru Mahalingam (18),

s/o. Nagappan,

No. 51, 4th Cross, Anitha Nagar,

Mudaliarpet, Puducherry.

. . Counter Petitioner

2. The Counter Petitioner is Thiru Mahalingam (18), son of Nagappan, a resident of No. 51, 4th Cross, Anitha Nagar, Mudaliarpet, Puducherry.

LA GAZETTE DE L'ETAT [ PART-I 388 388

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. 07/2024 under section 144 of Cr.P.C., dated 13-01-2024. Therein, it has been stated that the Counter Petitioner has been involved in many bodily offence cases and causing 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. 110/2023 under section 34 B (ix) of PP Act, dated 08-06-2023 —

Convicted.

2. Cr. No. 126/2023 under sections 120-B, 147, 148, 302 IPC and 3, 4 of Explosive Substance Act, 1908 r/w 149 IPC, dated 21-06-2023 of Mudaliarpet Police Station, Puducherry.

4. It is also stated in the I.R. that the Inspector of Police 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 had involved in many criminal cases like body harms 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 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.

7. On 02-04-2024, the 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 are in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He was involved in crimes such as murder, explosive substance, unlawfulPART-I ] LA GAZETTE DE L'ETAT 389 activities and disturbance to the public peace and order. There are 2 criminal cases registered against him. 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.

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 Mahalingam (18), son of Nagappan, a resident of No. 51, 4th Cross, Anitha Nagar, Mudaliarpet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of 20 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.

At Puducherry, dated on this 2nd day of April, 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. 99/2024 of I.R. No. 24/2024 Under Sections 151 & 107 & 144 of Cr.P.C./798

ORDER

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

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

. . Petitioner

Vs.

Thiru Sarath Babu (20), s/o. Ettiyan,

No. 81, Muthumariamman Koil Street,

Udyarthottam, Mudaliarpet, Puducherry.

. . Counter PetitionerLA GAZETTE DE L'ETAT [ PART-I 390 390 This petition along with case sheet is filed by the Sub-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 Sarath Babu (20), son of Ettiyan, a resident of No. 81, Muthumariamman Koil Street, Udyarthottam, Mudaliarpet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Sub-Inspector of Police, Mudaliarpet Police Station, Puducherry through the Superintendent of Police (South), Puducherry vide I.R. No. 24/2024 under sections 151 @ 107 @ 144 of Cr.P.C., dated 20-03-2024. Therein it has been stated that the Counter Petitioner was found behaved indecently and threatening the public who were passing that way and thereby caused annoyance to the general public. In this connection, the Petitioner had stated that the following criminal case was registered against the Counter Petitioner.

1. Cr. No. 139/2023 under sections 324, 506(ii) IPC, dated 08-07-2023 of Mudaliarpet Police Station, Puducherry.

4. It is also stated in the I.R. that the Counter Petitioner is very young and energetic and he created panic in the minds of general public and he will create law and order issues in that area.

5. It is futher stated that the petitioner has filed a case under sections 151 @ 107 Cr.P.C., against the Counter Petitioner and prayed to execute a bond for an amount of 50,000 with or without sureties to maintain good behaviour and futher, stated that the section was altered to 144 Cr.P.C. Hence, the Sub-Inspector of Police, Mudaliarpet 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 against the petition filed by the Petitioner. Further, during the course of enquiry on 20-03-2024, the Counter Petitioner was directed to appear for subsequent hearings on 27-03-2024 and 04-04-2024.

7. On 04-04-2024, the petitioner represented by Thiru Deivasigamani, Assistant Sub-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 are 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 ganja, hurt, unlawful activities and disturbance to the public peace and order. There is one criminal case was registered against him in 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.

PART-I ] LA GAZETTE DE L'ETAT 391

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 powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Sarath Babu (20), son of Ettiyan, a resident of No. 81, Muthumariamman Koil Street, Udyarthottam, Mudaliarpet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), until 20-04-2024 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.

At Puducherry, dated on this 4th day of April, 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. 128/2024, I.R.No. 10/2024 under section 144 of Cr.P.C./797

ORDER

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

State, Represented by the Sub-Inspector of Police,

Grand Bazaar Police Station,

Puducherry.

. . Petitioner

Thiru Sivasankaran @ Sankar (32),

S/o. Saravanan,

7th Cross, Rainbow Nagar,

Puducherry.

. . Counter PetitionerLA GAZETTE DE L'ETAT [ PART-I 392 392 This petition along with case sheet is filed by the Sub-Inspector of Police, Grand Bazaar 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 Sivasankaran @ Sankar (32), son of Saravanan, a resident of 7th Cross, Rainbow Nagar, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case referred by the Sub-Inspector of Police, Grand Bazaar Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R. No. 10/2024 under section 144 of Cr.P.C., dated 14-03-2024. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, hurt, criminal intimidation, dacoity, robbery 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 town limits. It is also stated that he is leading lavish life with the money earned through illegal activities. 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. 270/2012 under sections 27 of Arms Act and B-ix of PP Act, dated 11-09-2012 of Grand Bazaar Police Station, Puducherry.

2. Cr. No. 13/2015 under sections 307 IPC r/w 34 IPC @ 147, 148, 302 IPC r/w 149 IPC of Muthialpet Police Station, Puducherry, dated 09-02-2015.

3. Cr. No. 39/2011 under sections 147, 148, 450, 307, 324 IPC r/w 149 IPC of Muthialpet Police Station, Puducherry, dated 08-03-2011.

4. Cr. No. 102/13 under sections 27 of Arms Act and B-ix of PP Act of Muthialpet Police Station, Puducherry, dated 17-07-2013.

5. Cr. No. 51/13 under sections 341, 302 IPC r/w 34 IPC @ 147, 148, 341, 302, 109 IPC r/w 149 IPC of Lawspet Police Station, Puducherry, dated 21-03-2013.

6. Cr. No. 533/2018 under section 302 IPC r/w 34 IPC Mahabalipuram Police Station, Tamil Nadu.

7. Cr. No. 555/2018 under section 394 IPC of Mahabalipuram Police Station, Tamil Nadu.

8. Cr. No. 225/2021 under sections 394, 364(A), 347 IPC r/w 34 IPC of Grand Bazaar Police Station, Puducherry.

9. Cr. No. 141/2023 under section 302 IPC r/w 34 IPC, dated 08-09-2023 of Nettapakkam Police Station, Puducherry.

PART-I ] LA GAZETTE DE L'ETAT 393

4. The Petitioner stated that the Counter Petitioner is a notorious rowdy element. It is also stated that the Counter Petitioner has involved in various offences by using aruval, knife to attack the victims and become a source of terror among the public. It is further stated that the Counter Petitioner is not a law abiding person.

5. It is also stated in the I.R. that the Petitioner has received reliable information that the Counter Petitioner is desperate and is in dire need of money to maintain his group of rowdy elements. Further, stated that the Counter Petitioner is threatening the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner also stated that the Counter Petitioner is having a life threat and earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence, rival group is also waiting opportunity to take revenge upon him. It is also stated in the petition that the Counter Petitioner has been bounded over under sections 107 and 110 Cr.P.C. before this Court but, he has not honoured the bond and repeatedly involved in various criminal offences.

6. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry limits, it is apprehended that he would continue to indulge in serious offences like murder, extortion, kidnapping, damages to public and private properties, assault, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order.

Hence, the Sub-Inspector of Police, Grand Bazaar 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. 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 08-04-2024 to appear for the hearing on 09-04-2024 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Grand Bazaar Police Station, Puducherry. The notice for the Counter Petitioner was affixed at his house. The service was held sufficient for the Counter Petitioner.

8. On 09-04-2024, the Petitioner represented by Thiru Bascarane, Sub-Inspector, Grand Bazaar 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 the activities of Thiru Sivasankaran @ Sankar (32) 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, murder, assault, obstructions and annoyance, unlawful activities and disturbance to the public peace and order.

There are 9 criminal cases were registered against him in 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, the Counter Petitioner will continue to indulge in and also motivateLA GAZETTE DE L'ETAT [ PART-I 394 394 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.

11. 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 Sivasankaran @ Sankar (32), son of Saravanan, a resident of 7th Cross, Rainbow Nagar, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), until 20-04-2024 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.

At Puducherry, dated on this 9th day of April, 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. 129/2024, I.R.No. 29/2024 under section 144 of Cr.P.C./796

ORDER

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

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

. . Petitioner

Thiru Sivaperumal @ Sathiya (30), S/o. Saravanan, 7th Cross, Rainbow Nagar, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police, Grand Bazaar 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.

PART-I ] LA GAZETTE DE L'ETAT 395

2. The Counter Petitioner is Thiru Sivaperumal @ Sathiya (30), son of Saravanan, a resident of 7th Cross, Rainbow Nagar, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case referred by the Sub-Inspector of Police, Grand Bazaar Police Station, Puducherry through the Superintendent of Police (East), Puducherry vide I.R. No. 29/2024 under section 144 of Cr.P.C., dated 25-03-2024. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, hurt, criminal intimidation 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 town limits. It is also stated that he is leading lavish life with the money earned through illegal activities. 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. 232/2010 under sections 457, 380 r/w 34 IPC, dated 23-10-2010 of Muthialpet Police Station, Puducherry.

2. Cr.No. 178/2011 under sections 449, 302 r/w 34 IPC, dated 09-08-2011 of Muthialpet Police Station, Puducherry.

3. Cr.No. 141/2012 under sections 148, 302, 307, 324 r/w 149 IPC, dated 22-07-2012 of Muthialpet Police Station, Puducherry.

4. Cr.No. 212/2012 under sections 356, 379 IPC r/w 34 IPC, dated 07-12-2012 of Muthialpet Police Station, Puducherry.

5. Cr.No. 142/2013 under section 379 IPC, dated 09-10-2013 of Muthialpet Police Station, Puducherry.

6. Cr.No. 13/2015 under sections 147, 148, 302 IPC r/w 149 IPC, dated 09-02-2015 of Muthialpet Police Station, Puducherry.

7. Cr.No. 103/2015 under sections 294(b), 336, 506(ii) IPC r/w 34 IPC, dated 23-09-2015 of Muthialpet Police Station, Puducherry.

8. Cr.No. 141/2017 under sections 399, 402 IPC, dated 24-07-2017 of Villianur Police Station, Puducherry.

9. Cr.No. 107/2018, under sections 25 (i) (a) of Arms Act and 506(ii) IPC, dated 22-05-2018 of Grand Bazaar Police Station, Puducherry.

10. Cr.No. 120/2018 under sections 34 B-IX and E1 of PP Act and 506(ii) IPC, dated 11-12-2018 of Muthialpet Police Station, Puducherry.

11. Cr.No. 10/2019 under sections 25 (i) (a) of Arms Act and 506(ii) IPC, dated 30-01-2019 of Grand Bazaar Police Station, Puducherry.

12. Cr.No. 294/2019 under sections 147, 148, 302 IPC r/w 149 IPC, dated 18-11-2019 of Vadaloor Police Station, Tamil Nadu.

13. Cr.No. 10/2021 under sections 294, 324, 506(ii) IPC r/w 34 IPC of Odiansalai Police Station, Puducherry.

LA GAZETTE DE L'ETAT [ PART-I 396 396

14. Cr.No. 25/2021 under sections 307 IPC r/w 34 IPC @ 147, 148, 307 IPC r/w 148 IPC of Grand Bazaar Police Station, Puducherry.

15. Cr.No. 139/2022 under sections 450, 342, 395 IPC of Grand Bazaar Police Station, Puducherry.

16. Cr.No. 224/2022 under sections 25(1-a) of Arms Act and 506(ii) IPC, dated 09-09-2022.

6. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry town limits, it is apprehended that he would continue to indulge in serious offences like murder, extortion, kidnapping, theft, snatching, damages to public and private properties, assault, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Sub-Inspector of Police, Grand Bazaar 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.

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 the activities of Thiru Sivaperumal @ Sathiya (30) 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, murder, theft, assault, obstructions and annoyance, unlawful activities and disturbance to the public peacePART-I ] LA GAZETTE DE L'ETAT 397 and order. There are 16 criminal cases were registered against him in 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, 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.

11. 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 Sivaperumal @ Sathiya (30), son of Saravanan, a resident of 7th Cross, Rainbow Nagar, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), until 20-04-2024 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.

At Puducherry, dated on this 9th day of April, 2024, pronounced in the open Court.

ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

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