[ 83 ]
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Selvi. ISHITA RATHI, I.A.S.,
Subdivisional Magistrate (North).
M.C. No. 223/2024 of I.R. No. 85/2024 Under Section 163 BNSS
ORDER
(UNDER SECTION 163 BNSS)
State Represented by the Sub-Inspector of Police,
Odiansalai Police Station,
Puducherry.
. .
Petitioner
Vs.
Deenu @ Deenadayalan (28),
S/o. Ilangovan,
No. 7, Nagamuthumariamman Kovil Street,
Vanarapet,
Puducherry.
. .
Counter Petitioner
2025 }
|
20 {
No.
24
Poudouchéry
Jeudi
20
Février
2025 (1 Phalguna 1946)
No.
Puducherry
Thursday
20th
February
2025
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
8 4
LA GAZETTE DE L’ETAT
[ PART-I
84
This petition along with case sheet is filed by the Sub-Inspector of Police,
Odiansalai Police Station, Puducherry, praying to pass orders under section 163
BNSS 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 Deenu @ Deenadayalan (28), son of Ilangovan,
a resident of No. 7, Nagamuthumariamman Kovil Street, Vanarapet, Puducherry.
3. The facts which led up to the petition are briefly as follows The case
submitted by the Station House Officer, Odiansalai Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 85/2024 under
section 163 BNSS, dated 24-08-2024. Therein, it has been stated that the Counter
Petitioner has indulging in crime such as body harm cases and disturbance to the
public tranquility and order. 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. He is very active and he may commit any
cognizable offence in connection with the prevailing law and order situation in that
area and therefore, his criminal activities cannot be prevented by invoking the mere
security proceedings under the BNSS. In this connection, the Petitioner had stated
that the following criminal cases were registered against the Counter Petitioner.
1. 60/15 under sections 294(b), 326, 324, 506(ii) IPC r/w 34 IPC of Odiansalai
Police Station, Puducherry.
2. 90/2018 under sections 294(b), 324, 506(ii) IPC r/w 34 IPC of Odiansalai
Police Station, Puducherry.
3. 129/2018 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC of
Mudaliarpet Police Station, Puducherry.
4. 127/18 under sections 294(b), 341, 324, 506(ii) IPC r/w 34 IPC of
Mudaliarpet Police Station, Puducherry.
5. 267/2020 under sections 399, 402 IPC and 25 (1) (a) of Arms Act, 1959
Odiansalai Police Station, Puducherry.
4. It is also stated in the I.R that the Station House Officer has received
reliable information that the Counter Petitioner and his supporters are roming in
Vanarapet and its surrounding areas with an attitude to attack opposite associates
which may cause breach of peace in that area. Further, stated that while the
Petitioner was performing rounds at the Police Station limits, the Counter Petitioner
along with his friends under drunken mood and designed to commit some cognizable
offence at Nagamuthumariamman Kovil Street, Vanarapet, Puducherry under the
influence of alcohol and threatening the general public and he violated the
conditions imposed by the Criminal Courts while releasing him on bail.
5. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in the village, it is apprehended that he would continue to indulge in
serious offences like rioting, affray, criminal intimidation, criminal trespass, damages
to public and private properties, assault, obstructions and annoyance, danger to
the human life and properties of the villagers and thereby emerged as a perennial
source of threat to the community and disturb public peace and tranquility. Hence,
the Station House Officer, Odiansalai Police Station, Puducherry, has prayed to
invoke provisions under section 163 BNSS 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
85
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 15-11-2024 to appear for the hearing on 10-12-2024
and subsequent hearings on 11-12-2024, 07-01-2025, 21-01-2025 and 03-02-2025.
It was instructed to serve the notice to the Counter Petitioner through the Station
House Officer, Odiansalai Police Station, Puducherry. The notice for the Counter
Petitioner was received by his wife, Tmt. D. Sulakshana. The service was held
sufficient for the Counter Petitioner.
7. On 03-02-2025, the Petitioner Thiru R. Chandrasekaran, Sub-Inspector
of Police, Odiansalai Police Station, Puducherry, was present. The Counter Petitioner
has failed to appear before the Court on hearing date.
8. 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 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 hurt, arms case and disturbance to the public peace
and order. There are five criminal cases were registered against him at various
Police Stations.
9. 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 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 163 of BNSS 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, Ishita Rathi, I.A.S., do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under the
section 163(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, pass this order and
prohibit the Counter Petitioner Thiru Deenu @ Deenadayalan (28), son of Ilangovan,
a resident of No. 7, Nagamuthumariamman Kovil Street, Vanarapet, 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.
At Puducherry, dated on this 03rd day of February, 2025 pronounced in
the open Court.
ISHITA RATHI, I.A.S.,
Subdivisional Magistrate (North).
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