[ 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).
————
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