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La Gazette de L' État de Poudouchéry The Gazette of Puducherry
PART - I
➢ EXTRAORDINAIRE EXTRAORDINARY
Published by ➢ Publiée par ➢ Autorité Authority ▪ ➢ 2024 } | 30 {
No. 74 Poudouchéry Mardi 30 Avril 2024 (10 Vaisakha 1946) No. Puducherry Tuesday 30th April 2024
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
M.C. No. 131/2024 of I.R. No. 22/2024 Under Section 144 of Cr.P.C./792
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State, Represented by the Station House Officer, Thavalakuppam Police Station, Puducherry.
. . Petitioner
Vs.
Thiru Vishnu @ Blade Vishnu (20), S/o. Balasubramaniam, No. 18, Nallavadu Road, Thanampalayam, Puducherry.
. . Counter Petitioner
[ 399 ]LA GAZETTE DE L'ETAT [ PART-I 400 400 This petition along with case sheet is filed by the Station House Officer, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Vishnu @ Blade Vishnu (20), 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 Vishnu @ Blade Vishnu (20), son of Balasubramanian, a resident of No. 18, Nallavadu Road, Thanampalayam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 22/2024 under section 144 of Cr.P.C., dated 21-03-2024. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as hurt, dacoity. It is also stated that the Counter Petitioner is a habitual and dangerous criminal and was using country-made bombs and other deadly weapons to commit crimes. The acitivities of the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No.33/2021 under sections 341, 294(b), 506(i), r/w 34 IPC, dated 08-04-2021 of Thavalakuppam Police Station, Puducherry.
2. Cr.No.45/2021 under section 394 IPC, dated 24-01-2021 of Thavalakuppam Police Station, Puducherry.
3. Cr.No.39/2022 under sections 20(b), NDPS Act r/w 8(c) of NDPS Act, 1985 & 77 r/w 34 IPC, dated 27-05-2022 of Thavalakuppam Police Station, Puducherry.
4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is young and very active notorious rowdy element. It is also stated that he has has involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and has scant respect to the judiciary and rule of law. It is also stated in the I.R that the Station House Officer has received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. It is also stated that he is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner earned displease among a section of other rowdy group in the area on account of the grudge against him and hence, rival group is also waiting oppourtunity to take revenge upon him.
5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, assault, obstructions and annoyance, damages to public and private properties etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Thavalakuppam Police Station, Puducherry, hasPART-I ] LA GAZETTE DE L'ETAT 401 prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner to not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human life and properties and disturbance to the public tranquility and order.
6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 08-04-2024 to appear for the hearing on 09-04-2024. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice was received by the Counter Petitioner.
7. On 09.04.2024, the Petitioner, Thavalakuppam Police Station and the Counter Petitioner were present. The Learned Counsel, Thiru Illamparithi was present and represented on behalf of the Counter Petitioner.
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 is 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 assault, unlawful activities and disturbance to the public peace and order. There are 3 criminal cases were registered against him in Thavalakuppam Police Station. I have also heard the oral submission of the Counsel for the Counter Petitioner. The Learned Counsel for 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, attempt to murder, assault, damages to properties, obstructions, annoyance, 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 section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Vishnu @ Blade Vishnu (20), son of Balasubramanian, a resident of No.18, Nallavadu Road, Thanampalayam, 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. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.
At Puducherry, dated on this 9th day of April, 2024 pronounced in the open Court.
ARJUN RAMAKRISHNAN, Subdivisional Magistrate (North).
LA GAZETTE DE L'ETAT [ PART-I 402 402IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH) AT PUDUCHERRY
Present : Thiru ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
M.C. No. 132/2024 of I.R. No. 23/2024 Under Section 144 of Cr.P.C./793
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State, Represented by the Station House Officer, Thavalakuppam Police Station, Puducherry.
. . Petitioner
Vs.
Thiru Kumaraguru(20), S/o, Janakiraman, No. 63, Angalamman Koil Street, Pudhu Nagar, Nallavadu, Thavalakuppam, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against the Thiru Kumaraguru (20), 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 Kumaraguru (20), son of Janakiraman, a resident of No. 63, Angalamman Koil Street, Pudhu Nagar, Nallavadu, Thavalakuppam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 23/2024 under section 144 of Cr.P.C., dated 22-03-2024. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crimes such as robbery, hurt case and other criminal activities covering under PP Act & NDPS Act. It is also stated that the Counter Petitioner is a habitual and dangerous criminal and was expert in handling explosive substances and other deadly weapons to commit crimes. The activities of the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 273/2020 under section 34 B-IX of PP Act, dated 19-05-2021 of Thavalakuppam Police Station, Puducherry.
2. Cr.No. 04/2021 under sections 294(b), 506(ii) IPC r/w 34 IPC, dated 10-01-2021 of Thavalakuppam Police Station, Puducherry.
3. Cr.No. 33/2021 under sections 341, 294(b), 506(i) IPC r/w 34 IPC, dated 08-04-2021 of Thavalakuppam Police Station, Puducherry.
PART-I ] LA GAZETTE DE L'ETAT 4034. Cr.No. 45/2021 under section 395 IPC, dated 06-05-2021 of Thavalakuppam Police Station, Puducherry.
5. Cr.No. 39/2022 under sections 20(b), NDPS Act r/w 8(c) of NDPS Act, 1985 & 77 r/w 34 IPC, dated 27-05-2022 of Thavalakuppam Police Station, Puducherry.
6. IR.No. 56/2020 under section 107 Cr.P.C., dated 04-08-2020 of Thavalakuppam Police Station, Puducherry.
7. Ir.No. 41/2021 under section 107 Cr.P.C., dated 10-03-2021 of Thavalakuppam Police Station, Puducherry.
8. Ir.No. 101/2021 under section 144 Cr.P.C., dated 30-08-2021 of Thavalakuppam Police Station, Puducherry.
4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is young and very active notorious rowdy element. It is also stated that he has involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Court and have scant respect to the judiciary and rule of law. It is also stated in the I.R that the Station House Officer has received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. It is also stated that he is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner earned displease, among a section of other rowdy group in the area on account of the grudge against him and hence, rival group is also waiting oppourtunity to take revenge upon him.
5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, assault, obstructions and annoyance, damages to public and private properties etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Thavalakuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner to not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human life and properties and disturbance to the public tranquility and order.
6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 08-04-2024 to appear for the hearing on 09-04-2024. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice was received by the Counter Petitioner.
7. On 09.04.2024, the Petitioner, Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present. The Learned Counsel, Thiru Ilamparithi was present and represented on behalf of the Counter Petitioner.
8. I have heard both the sides and carefully gone through all the available records placed by the Petitioner. In the Police Information Report/Petition, it is stated that the activities of the Counter Petitioner 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 assault, unlawful activities and disturbance to the public peace and order. There are 8 criminal cases were registered against himLA GAZETTE DE L'ETAT [ PART-I 404 404 in Thavalakuppam Police Station. I have also heard the oral submission of the learned counsel for the Counter Petitioner. The Learned Counsel for 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, attempt to murder, assault, obstructions, 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 section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Kumaraguru (20), son of Janakiraman, a resident of No. 63, Angalamman Koil Street, Pudhu Nagar, Nallavadu, Thavalakuppam, 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. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.
At Puducherry, dated on this 09th 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. 143/2024 of I.R. No. 38/2024 Under Section 144 of Cr.P.C./790
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State, Represented by the Inspector of Police, Mudaliarpet Police Station, Puducherry.
. . Petitioner
Vs.
Thiru Vickey @ Vigneshwaran (27), S/o, Karthikeyan, No. D-7, Viduthalai Nagar, Mudaliarpet, Puducherry.
. . Counter PetitionerPART-I ] LA GAZETTE DE L'ETAT 405 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 Vickey @ Vigneshwaran (27), son of Karthikeyan, a resident of No. D-7, Viduthalai Nagar, 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. 38/2024 under section 144 of Cr.P.C., dated 27-03-2024. Therein, it has been stated that the Counter Petitioner is a notorious rowdy element and has been involved in many murder cases, bomb case 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 Counter Petitioner is a young and energetic rowdy element and shows his muscle power by committing offences for petty reasons. 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. 61/2012 under sections 147, 148, 302 IPC & 3 of Explosive Substances Act r/w 149 IPC, dated 21-04-2012 of Mangalam Police Station, Puducherry – Pending Trial.
2. Cr.No. 121/2012 under sections 302 IPC r/w 34 IPC of Town 1 - Andhra Pradesh, dated 12-12-2012 of Kalahasti Police Station, – Pending Trial.
3. Cr.No. 195/2013 under sections 294(b), 506(ii) r/w 34 IPC of Grand Bazaar Police Station, Puducherry – Pending Trial.
4. Cr.No. 141/2015 under sections 279 IPC, 304(A) IPC @ 302 IPC, dated 20-03-2015 of Thirunavalur Police Station, Tamil Nadu– Pending Trial.
5. Cr.No. 147/2014 under section 188 IPC, dated 22-12-2014 of Mudaliarpet Police Station, Puducherry – Pending Trial.
6. Cr.No. 33/2016 under sections 307 r/w 34 IPC @ 307, 120-b r/w 149 IPC of Neravy Police Station, Karaikal – Pending Trial.
7. Cr.No. 42/2016 under section 395 IPC of Thavalakuppam Police Station, Puducherry – Pending Trial.
` 8. Cr.No. 163/2016 under section 3 of Explosive Substances Act, 1908, dated 16-09-2016 of Mudaliarpet Police Station, Puducherry – Pending Trial.
9. Cr.No. 406/2016 under sections 147, 148, 302 IPC & 4(a), 5, 3 of Explosives Substances Act, 1908, 25(A) 27(2) of Arms of Town Police Station, Villupuram – Pending Trial.
10. Cr.No. 362/2023 under sections 147, 148, 294(b), 324, 120(b), 506(ii), 302 IPC, of Nellikuppam Police Station – Pending Trial.
4. It is also stated in the I.R that the Counter Petitioner is very active notorious rowdy elements and has become a source of terror among the public. The Petitioner further stated that the Counter Petitioner intentionally engaged persons by hiring and insisting them to create problems with their opposite groups. It is also stated by the petitioner that the Counter Petitioner along with his associates were collecting maamol from the merchants and business people at Cuddalore road by threatening them.
LA GAZETTE DE L'ETAT [ PART-I 406 4065. Hence, the Inspector of Police, Mudaliarpet Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner to not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human life and properties and disturbance to the public tranquility and order.
6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 08-04-2024 to appear for the hearing on 12-04-2024. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mudaliarpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife, Tmt. Rangalashmi. The service was held sufficient for the Counter Petitioner.
7. On 12.04.2024, the Petitioner represented by Thiru Ravichandran, Sub- Inspector of Police, Mudaliarpet Police Station, Puducherry. The Counter Petitioner has failed to appear before the Court on hearing date.
8. I have heard the Petitioner 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 is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, explosive substances, unlawful activities and disturbance to the public peace and order. There are 10 criminal cases were registered against him in various Police Stations.
9. Upon hearing the Petitioner 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 section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Vickey @ Vigneshwaran (27), son of Karthikeyan, a resident of No. D-7, Viduthalai Nagar, Mudaliarpet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for the period of one month 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 12th day of April, 2024 pronounced in the open Court.
ARJUN RAMAKRISHNAN, Subdivisional Magistrate (North).
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