[ 399 ]
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
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.
74
Poudouchéry
Mardi
30
Avril
2024 (10 Vaisakha 1946)
No.
Puducherry
Tuesday
30th
April
2024
400
LA GAZETTE DE L’ETAT
[ PART-I
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, has
PART-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).
402
LA GAZETTE DE L’ETAT
[ PART-I
402
IN 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
403
4. 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 him
404
LA GAZETTE DE L’ETAT
[ PART-I
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 Petitioner
PART-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.
406
LA GAZETTE DE L’ETAT
[ PART-I
406
5. 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).
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.