[ 631 ]
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
M.C. No. 187/2024 of I.R. No. 39/2024 Under Section 144 of Cr.P.C./1772
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State, Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru George (35),
S/o. Raj,
No. 75, 9th Cross,
Sakthi Nagar, Saram,
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 }
| 2 {
No.
106
Poudouchéry
Vendredi
2
Août
2024 (11 Sravana 1946)
No.
Puducherry
Friday
2nd
August
2024
632
LA GAZETTE DE L’ETAT
[ PART-I
632
This petition along with case sheet is filed by the Inspector of Police,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against Thiru George (35), 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 George (35), son of Raj, a resident of
No. 75, 9th Cross, Sakthi Nagar, Saram, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Inspector of Police, Orleanpet Police Station, Puducherry, through
the Superintendent of Police (East), Puducherry vide I.R.No. 39/2024, under section
144 of Cr.P.C., dated 05-04-2024. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crime such as murder and
disturbance to the public tranquility and order. It is also stated that the Counter
Petitioner has created panic in the minds of local inhabitants and the business
community in the city limit. 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.
Sl.
Cr.No. and Section of Law
Stage
No.
(1)
(2)
(3)
1
Cr.No. 88/2023 under section 302 IPC r/w 34 IPC of
Pending Trial
Orleanpet Police Station, Puducherry.
4. The Petitioner further stated that the Counter Petitioner is not a law
abiding citizen and he was often violating the conditions imposed by the Court
while he was released on bail and become a source of terror among the public.
5. It is also stated in the I.R that the Counter Petitioner 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. It is also stated in the I.R that the Counter Petitioner is young and
energetic and shows his muscle power by committing offences for petty reasons.
It is further stated in the I.R that he is very active and may commit any cognizable
offence in connection with the prevailing law and order situation in that area.
7. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Orleanpet Police Station limits, it is apprehended that he would continue
to indulge in serious offences like criminal intimidation, affray, riot, 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, Orleanpet Police Station,
Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against
the Counter Petitioner do 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.
PART-I ]
LA GAZETTE DE L’ETAT
633
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 28-06-2024 to appear for the hearing on 16-07-2024 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Orleanpet Police Station, Puducherry. The notice was
received by the Counter Petitioner.
9. On 16-07-2024, the Petitioner, Orleanpet Police Station, Puducherry and
the Counter Petitioner were present.
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 Thiru George (35), 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 and disturbance to the public peace and order.
There is 1 criminal case was registered against him in Orleanpet Police Station,
Puducherry.
11. 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, damages to public and private 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.
12. 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 George (35), son of Raj, a resident of No. 75, 9th Cross,
Sakthi Nagar, Saram, 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 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 16th day of July, 2024 pronounced in the open
Court.
ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
————
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