[ 377 ]

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

Registered with the Registrar

of Newspapers for India

under No. 10410



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - I



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by



Autorité

Authority







2024 }

|

30 {

No.

73

Poudouchéry

Mardi

30

Avril

2024 (10 Vaisakha 1946)

No.

Puducherry

Tuesday

30th

April

2024

378

LA GAZETTE DE L’ETAT

[ PART-I

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.

380

LA GAZETTE DE L’ETAT

[ PART-I

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 Petitioner

PART-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.

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 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.

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.

382

LA GAZETTE DE L’ETAT

[ PART-I

382

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 4 criminal cases were registered against him

in various Police Stations.

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 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 that

384

LA GAZETTE DE L’ETAT

[ PART-I

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 are

PART-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

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 Ranjith (20), son of Rajamanickam, a

resident of No. 5, Erikarai 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. 06/2024

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

386

LA GAZETTE DE L’ETAT

[ PART-I

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.

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

PART-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

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 Mahalingam (18), son of Nagappan, a

resident of No. 51, 4th Cross, Anitha Nagar, Mudaliarpet, Puducherry.

388

LA GAZETTE DE L’ETAT

[ PART-I

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.

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.

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

PART-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 Petitioner

390

LA GAZETTE DE L’ETAT

[ PART-I

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

Vs

Thiru Sivasankaran @ Sankar (32),

S/o. Saravanan,

7th Cross, Rainbow Nagar,

Puducherry.

. .

Counter Petitioner

392

LA GAZETTE DE L’ETAT

[ PART-I

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 motivate

394

LA GAZETTE DE L’ETAT

[ PART-I

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

Vs

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.

396

LA GAZETTE DE L’ETAT

[ PART-I

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.

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.

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.

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 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 peace

PART-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).

————

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

Published by the Director, Government Press, Puducherry.