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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 } | 28 {
No. 151 Poudouchéry Jeudi 28 Novembre 2024 (7 Agrahayana 1946) No. Puducherry Thursday 28th November 2024
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (SOUTH) AT VILLIANUR
Present : Thiru SOMA SEKHAR APPARAO KOTARU, I.A.S., Subdivisional Magistrate (South).
M.C. No. 317/2024, I.R. No. 215/2024 Under Section 163 BNSS/2635
ORDER
(UNDER SECTION 163 BNSS)
To
Gopi (40), S/o. Govindaraj, No. 14, Pillaiyar Koil Street, Mannadipet, Puducherry.
Whereas, it has been made to appear to me that you have trivial and scant respect to the judiciary and rule of law and are involved in various offences against public tranquility, offences affecting property and human body and that you have become a perennial source of threat to the community, public peace and order;
[ 993]LA GAZETTE DE L'ETAT [ PART-I 994 994 And whereas, I am convinced of your involvement in various criminal cases as under–
1. Cr.No. 57/2015 under sections 326, 506(ii) r/w 34 IPC – Pending Trial.
2. Cr.No. 38/2018 under sections 294(b), 324, 506(i) r/w 34 IPC – Pending Trial.
3. Cr.No. 50/2019 under sections 294 (b), 324, 506 (ii) IPC – Acquitted.
4. Cr.No. 10/2024 under sections 294(b), 307 IPC r/w 34 IPC @ 294(b), 307, 302 IPC – Pending Trial.
5. The counter petitioner also arrested in preventive cases as preventive measure as follows:
(a) Cr.No. 15/2016 under section 107 of Cr.P.C., dated 02-05-2016
of Thirukannur Police Station – Information laid.
(b) Cr.No. 17/2019 under section 107 of Cr.P.C., dated 23-07-2019
of Thirukannur Police Station – Information laid.
(c) Cr.No. 01/2021 under section 151 @ 107 of Cr.P.C., dated 05-01-2021 of Thirukannur Police Station – Information laid.
(d) Cr.No. 53/2021 under section 110 of Cr.P.C., dated 30-06-2021
of Thirukannur Police Station – Information laid.
(e) Ir.No. 21/2022 under section 107 of Cr.P.C., dated 24-06-2022
of Thirukannur Police Station – Information laid.
(f) Ir.No. 13/2023 under section 107 of Cr.P.C., dated 21-04-2023
of Thirukannur Police Station – Information laid.
and your vengeful acts along with your accomplices against your opponents have created panic in the minds of the people;
And whereas, the Station House Officer, Thirukannur Police Station, Puducherry, has filed a case against you vide IR.No. 215/2024 under section 163 of BNSS, dated 24-08-2024. It is stated by the Station House Officer, Thirukannur Police Station, Puducherry, that you are indulging in crime such as hurt, murder, criminal intimidation, harboring young criminals for committing offence by supplying money and material, and disturbance to the public tranquility and order and you have created panic in the minds of local inhabitants. It is also stated that you have become a source of terror among the public.
And whereas, the Station House Officer, Thirukannur Police Station, Puducherry, further submitted that if, you are allowed to reside in Subdivisional Magistrate (South) Jurisdiction limits, it is apprehended that you would continue to indulge in serious offences like threatening the public, mischief and hurt cases, attempt to murder and disturbance to the public tranquility and order, etc., and thereby emerged as a perennial source of threat to the community, and disturb public peace and order;
And whereas, summon was served for your appearance on 19-11-2024 to file your explanation/objection as to why the Subdivisional Magistrate (South), Villianur, Puducherry, should not order to prevent you from entering into the south region under section 166 (3) of BNSS and you appeared before the Court andPART-I ] LA GAZETTE DE L'ETAT 995 submitted your arguments. Your submission that your involvement was due to family reasons and nothing else is not found satisfactory. Moreover, petitioner vehemently sought for involving the special provision to prevent disturbance to public peace and order;
And whereas, based on the report laid before me, I am of the opinion that if, you are allowed to reside within the limits of this jurisdiction, you will continue to indulge in and also motivate serious offences and disturbance to the public tranquility and order, 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 163 of BNSS is invoked to take action against you to prevent harm to life and properties of citizens and uphold public peace and order your presence is a threat to public tranquility in Puducherry District and therefore, an immediate action is required for curtailing your illegal activities in the locality;
Now, therefore, based on the reasons stated above I, Soma Sekhar Apparao Kotaru, I.A.S., Subdivisional Magistrate (South), Puducherry, in exercise of powers conferred under Code of Criminal Procedure do hereby prohibit you under section 163 of BNSS from entering into the Subdivisional Magistrate Court (South) Jurisdiction for one month 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, you may appear either in person or by Pleader before the undersigned to represent against the order.
At Villianur, dated this 21st day of November, 2024.
SOMA SEKHAR APPARAO KOTARU, I.A.S., Subdivisional Magistrate (South).
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