M.C. No. 243/2024 of I.R. No. 199/2024 Under Section 163 BNSS/981.

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   La Gazette de L' État de Poudouchéry The Gazette of Puducherry

PART - I

 ➢ EXTRAORDINAIRE EXTRAORDINARY

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No. 45 Poudouchéry Mardi 22 Avril 2025 (2 Vaisakha 1947) No. Puducherry Tuesday 22nd April 2025

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Selvi ISHITA RATHI, I.A.S.,

Subdivisional Magistrate (North).

M.C. No. 243/2024 of I.R. No. 199/2024 Under Section 163 BNSS/981

ORDER

(UNDER SECTION 163 BNSS)

State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs.

Ilavarasan (35), S/o. Vijayarangam, No. 17, Odai Karai Street, Kurumampet, Puducherry.

. . Counter Petitioner

[ 209 ]LA GAZETTE DE L'ETAT [ PART-I 210 210 This petition along with case sheet is filed by the Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 163 BNSS against Ilavarasan (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 Ilavarasan (35), son of Vijayarangam, a resident of No. 17, Odai Karai Street, Kurumampet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 199/2024 under section 163 of BNSS, dated 04-10-2024. Therein, it has been stated that the Counter Petitioner has indulging in crimes such as murder, kidnapping, dacoity, hurt 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 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. 175/2020 under section 364 IPC r/w 34 IPC, dated 27-11-2020 of Mettupalayam Police Station, Puducherry – Pending Trial.

2. Cr.No. 39/2017 under sections 147, 148, 341, 302 r/w 149 IPC, dated 07-05-2017 of Mettupalayam Police Station, Puducherry – Pending Trial.

3. Cr. No. 09/2010 under sections 324, 323, 506 (ii) r/w 34 IPC, dated 15-01-2010 of Mettupalayam Police Station, Puducherry – Acquitted.

4. Cr.No.94/2010 under sections 147, 148, 307, 326, 302 r/w 149 IPC, dated 30-05-2010 of Mettupalayam Police Station, Puducherry – Pending Trial.

5. Cr.No.25/2014 under sections 341, 365, 323, 326, 342, 506(ii) IPC r/w 34 IPC, dated 03-03-2014 of Mettupalayam Police Station, Puducherry – Acquitted.

6. Cr.No. 27/2014 under section 188 IPC, dated 04-03-2014 of Mettupalayam Police Station, Puducherry – Acquitted.

7. Cr.No. 64/2014 under section 25 (i-a) of Arms Act 1959 r/w 34 IPC, dated 04-06-2014 of Mettupalayam Police Station, Puducherry – Pending Trial.

8. Cr.No.140/2014 under section 399 IPC, dated 28-03-2014 of Thindivanam Police Station, Tamil Nadu – Pending Trial.

4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public.

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 Courts and have scant respect to the judiciary and rule of law.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Mettupalayam Police Station, Puducherry, limits, it is apprehended that he would continue to indulge in serious offences like murder, kiddnapping, extortion,PART-I ] LA GAZETTE DE L'ETAT 211 robbery, hurt, assault, obstructions, 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, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 163 BNSS, 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 of citizens and uphold public peace 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 26-12-2024 to appear for the hearing on 23-01-2025 at 10.00 a.m. and subsequent hearings on 06-02-2025, 20-02-2025 and 18-03-2025. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 18-03-2025, the Petitioner represented by Thiru G. Kumar, Sub-Inspector, Mettupalayam 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 Thiru Ilavarasan (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, assault unlawful activities and disturbance to the public peace and order. There are 8 criminal cases were registered against him in various Police Stations.

9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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, extortion, obstructions, 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. 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, Selvi 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, pass this order and prohibit the Counter Petitioner Ilavarasan (35), son of Vijayarangam, a resident of No. 17, Odai Karai Street, Kurumampet, 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 18th day of March, 2025 pronounced in the open Court.

ISHITA RATHI, I.A.S., Subdivisional Magistrate (North).

LA GAZETTE DE L'ETAT [ PART-I 212 212

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH) AT PUDUCHERRY

Present : Selvi ISHITA RATHI, I.A.S.,

Subdivisional Magistrate (North).

M.C. No. 245/2024 of I.R. No. 203/2024 Under Section 163 BNSS/979

ORDER

(UNDER SECTION 163 BNSS)

State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs.

Dhinesh @ Kokkadi (24), S/o. Rajendiran, No. 28, Pump House Street, Seran Nagar, Muthirayarpalayam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 163 BNSS against Dhinesh @ Kokkadi, 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 Dhinesh @ Kokkadi (24), son of Rajendiran, a resident of No. 28, Pump House Street, Seran Nagar, Muthirayarpalayam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 203/2024 under section 163 of BNSS, dated 05-10-2024. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and involved in murder, rioting and indulging in crimes by using lethal weapons and extortion. It is also stated that the Counter Petitioner have 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. 77/2017 under sections 147, 148, 294(b), 324, 506(i) r/w 149 IPC, dated 29-03-2017 of D'Nagar Police Station, Puducherry.

2. Cr.No. 94/2019 under sections 147, 148, 294(b), 307, 302, 120(B) IPC r/w 149 IPC, 73 of Explosive Substances Act of Vanur Police Station, Tamil Nadu.

3. Cr.No. 11/2020 under sections 294(b), 427, 324, 506(ii) r/w 34 IPC, dated 15-04-2020 of D'Nagar Police Station, Puducherry.

PART-I ] LA GAZETTE DE L'ETAT 213

4. The Petitioner further submitted that the Counter Petitioner is a notorious rowdy element and become a source of terror among the public. The Counter Petitioner collects mamool through his associates from the business people. 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 Courts and have scant respect to the judiciary and rule of law.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry North limits, it is apprehended that he would continue to indulge in serious offences like hurt, assault, obstructions, 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, Mettupalayam 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 of citizens and uphold public peace and order.

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 Dhinesh @ Kokkadi, 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, unlawful activities and disturbance to the public peace and order. There are three criminal cases were registered against him in various Police Stations.

10. Hence, I, Selvi 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, pass this order and prohibit the Counter Petitioner Thiru Dhinesh @ Kokkadi (24), son of Rajendiran, a resident of No. 28, Pump House Street, Seran Nagar, Muthirayarpalayam, Puducherry, from entering into the region under the jurisdiction of the SubdivisionalLA GAZETTE DE L'ETAT [ PART-I 214 214 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 18th day of March, 2025 pronounced in the open Court.

ISHITA RATHI, I.A.S., Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH) AT PUDUCHERRY

Present : Selvi ISHITA RATHI, I.A.S.,

Subdivisional Magistrate (North).

M.C. No. 246/2024 of I.R. No. 204/2024 Under Section 163 BNSS/985

ORDER

(UNDER SECTION 163 BNSS)

State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs.

Vijay @ Kakka Viji (38), S/o. Senathibathy, No. 07, 1st Cross, Anna Street, Shanmugapuram, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 163 BNSS against Vijay @ Kakka Viji, 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 Vijay @ Kakka Viji, son of Senathibathy, a resident of No. 07, 1st Cross, Anna Street, Shanmugapuram, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 204/2024 under section 163 of BNSS, dated 07-10-2024. Therein, it has been stated that the Counter Petitioner has indulging in crime such as murder, attempt to murder, hurt and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants. It is also stated that 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.

PART-I ] LA GAZETTE DE L'ETAT 215

1. Cr.No. 134/14 under section 302 IPC r/w 34 IPC @ 147, 148, 452, 302 IPC r/w 149 IPC, dated 06-11-2014 of Reddiyarpalayam Police Station, Puducherry – Pending Trial.

2. Cr.No. 50/2012 under section 25(l-a) of Arms Act 1959, dated 13-03-2012 of Mettupalayam Police Station, Puducherry – Pending Trial.

3. Cr.No. 277/2011 under section 25(1-a) of Arms Act 1959, dated 19-12-2011 of Mettupalayam Police Station, Puducherry – Pending Trial.

4. Cr.No. 42/2010 under section 27(l-a) of Arms Act 1959 and 506 (ii) IPC, dated 07-02-2010 of D'Nagar Police Station, Puducherry – Acquitted.

5. Cr.No. 200/2009 under sections 147, 148, 341, 307 IPC r/w 149 IPC, dated 24-11-2009 of Reddiyarpalayam Police Station, Puducherry – Pending Trial.

6. Cr.No. 315/2007 under sections 302, 201 IPC, dated 06-10-2007 of Auroville Police Station, Tamil Nadu – Acquitted.

7. Cr.No. 287/2005 under section 324 IPC r/w 34 IPC @ 326, 324 IPC r/w 34 IPC, dated 09-10-2005 of Lawspet Police Station, Puducherry – Acquitted.

8. Cr.No. 09/2004 under sections 324, 323 IPC r/w 34 IPC @ 323, 326 IPC r/w 34 IPC, dated 13-01-2004 of D'Nagar Police Station, Puducherry – Acquitted.

9. Cr.No. 18/2004 under sections 307, 427 IPC r/w 34 IPC, dated 22-01-2004 of D'Nagar Police Station, Puducherry – Acquitted.

10. Cr.No. 05/2003 under sections 341, 323, 506 (ii) IPC r/w 34 IPC, dated 15-01-2003, Lawspet Police Station, Puducherry – Acquitted.

11. Cr.No. 109/2003 under sections 147, 148, 307 IPC r/w 149 IPC, dated 28-06-2003 of Lawspet Police Station, Puducherry – Convicted.

4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public.

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 Courts and has scant respect to the judiciary and rule of law.

5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Puducherry limits, it is apprehended that he would continue to indulge in serious offences like murder, assault, extortion, obstructions, 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, Mettupalayam 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 of citizens and uphold public peace and order.

LA GAZETTE DE L'ETAT [ PART-I 216 216

It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife, Tmt. V. Kalpana. The service was held sufficient for the Counter Petitioner.

He has involved in crimes such as murder, hurt, dacoity, assault, unlawful activities and disturbance to the public peace and order. There are 11 criminal cases were registered against him in various Police Stations.

10. Hence, I, Selvi 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, pass this order and prohibit the Counter Petitioner Vijay @ Kakka Viji , son of Senathibathy, a resident of No. 07, 1st Cross, Anna Street, Shanmugapuram, 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 18th day of March, 2025 pronounced in the open Court.

ISHITA RATHI, I.A.S.,

Subdivisional Magistrate (North).

PART-I ] LA GAZETTE DE L'ETAT 217

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH) AT PUDUCHERRY

Present : Selvi ISHITA RATHI, I.A.S.,

Subdivisional Magistrate (North).

M.C. No. 248/2024 of I.R. No. 206/2024 Under Section 163 BNSS/983

ORDER

(UNDER SECTION 163 BNSS)

State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs.

Jeeva (22), S/o. Ezhumalai, No. 136, Odai Street, Gandhi Thirunallur, Muthirayarpalayam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 163 BNSS against Jeeva, 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 Jeeva (22), son of Ezhumalai, a resident of No. 136, Odai Street, Gandhi Thirunallur, Muthirayarpalayam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 206/2024 under section 163 of BNSS, dated 08-10-2024. Therein, it has been stated that the Counter Petitioner has indulging in crimes such as murder, kidnapping, hurt 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 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. 69/2019 under sections 148, 307 IPC r/w 149 IPC r/w 34 IPC, dated 24-08-2019 of Mettupalayam Police Station, Puducherry – Pending Trial.

2. Cr.No. 155/2020 under sections 148, 302, 120-B IPC r/w 149 IPC, dated 14-10-2020 of Mettupalayam Police Station, Puducherry – Pending Trial.

3. Cr.No. 53/2021 under sections 294(b), 323, 427, 506(ii) IPC, dated 16-04-2021 of Mettupalayam Police Station, Puducherry – Pending Trial.

4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. 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 Courts and has scant respect to the judiciary and rule of law.

LA GAZETTE DE L'ETAT [ PART-I 218 218

5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Puducherry limits, it is apprehended that he would continue to indulge in serious offences like murder, extortion, assault, obstructions, 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, Mettupalayam 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 of citizens and uphold public peace and order.

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 Jeeva, 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, unlawful activities and disturbance to the public peace and order. There are 3 criminal cases were registered against him in Mettupalayam Police Station.

10. Hence, I, Selvi 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, pass this order and prohibit the Counter Petitioner Jeeva (22), son of Ezhumalai, a resident of No. 136, Odai Street, Gandhi Thirunallur, Muthirayarpalayam, 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 18th day of March, 2025 pronounced in the open Court.

ISHITA RATHI, I.A.S., Subdivisional Magistrate (North).

PART-I ] LA GAZETTE DE L'ETAT 219

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH) AT PUDUCHERRY

Present : Selvi. ISHITA RATHI, I.A.S.,

Subdivisional Magistrate (North).

M.C. No. 249/2024 of I.R. No. 207/2024 Under Section 163 BNSS/980

ORDER

(UNDER SECTION 163 BNSS)

State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs.

Muthu Kumar @ Muthu (29), S/o. Sankar, No. 187, LIG Housing Board Quarters, Kurumampet, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 163 BNSS against Muthu Kumar @ Muthu (29), 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 Muthu Kumar @ Muthu (29), son of Sankar, a resident of No. 187, LIG Housing Board Quarters, Kurumampet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 207/2024 under section 163 of BNSS, dated 09-10-2024. Therein, it has been stated that the Counter Petitioner has indulging in crimes such as murder, intimidation, kidnapping, extortion 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 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. 64/2014 under section 25 (1) (a) of Arms Act 1959 r/w 34 IPC, dated 04-06-2014 of Mettupalayam Police Station, Puducherry.

2. Cr.No. 78/2014 under section 324 IPC r/w 34 IPC, dated 28-06-2014 of Mettupalayam Police Station, Puducherry.

3. Cr.No. 122/2014 under section 25 (1) (a) of Arms Act 1959, dated 06-10-2014 of Mettupalayam Police Station, Puducherry.

4. Cr.No. 39/2017 under sections 148, 342, 302, 109 IPC r/w 149 IPC, dated 07-05-2017 of Mettupalayam Police Station, Puducherry.

5. Cr.No. 175/2020 under section 364 IPC r/w 34 IPC, dated 27-11-2020 of Mettupalayam Police Station, Puducherry.

LA GAZETTE DE L'ETAT [ PART-I 220 220

4. The Petitioner further submitted that the Counter Petitioner is a notorious rowdy element and become a source of terror among the public. The Counter Petitioner collects mamool from the business people. 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 Courts and has scant respect to the judiciary and rule of law.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry North limits, it is apprehended that he would continue to indulge in serious offences like murder, extortion, assault, obstructions, 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, Mettupalayam 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 of citizens and uphold public peace and order.

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 Muthu Kumar @ Muthu (29), 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, unlawful activities and disturbance to the public peace and order. There are 5 criminal cases were registered against him in Mettupalayam Police Station, Puducherry.

10. Hence, I, Selvi 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, pass this order and prohibit the Counter Petitioner Muthu Kumar @ Muthu (29), son of Sankar, a resident of No. 187, LIG Housing Board Quarters, Kurumampet, Puducherry, from enteringPART-I ] LA GAZETTE DE L'ETAT 221 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 18th day of March, 2025 pronounced in the open Court.

ISHITA RATHI, I.A.S., Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH) AT PUDUCHERRY

Present : Selvi. ISHITA RATHI, I.A.S.,

Subdivisional Magistrate (North).

M.C. No. 250/2024 of I.R. No. 214/2024 Under Section 163 BNSS/984

ORDER

(UNDER SECTION 163 BNSS)

State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs.

Joseph (21), S/o. Karunagaran, No. 10, Gandhi Street, Gandhi Thirunalloor, Muthirayarpalayam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 163 BNSS against Joseph (21), to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. T he Counter P e tit ioner is J os eph ( 2 1), so n of Kar unagar an, a resident of No. 10, Gandhi Street, Gandhi Thirunalloor, Muthirayarpalayam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 214/2024 under section 163 of BNSS, dated 23-10-2024. Therein, it has been stated that the Counter Petitioner has indulging in crime such as murder, kidnapping, hurt and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants. It is also stated that 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.

LA GAZETTE DE L'ETAT [ PART-I 222 222

1. Cr.No. 69/2019 under sections 148, 307 IPC r/w 149 IPC r/w 34 IPC, dated 24-08-2019 of Mettupalayam Police Station, Puducherry – Pending Trial 2. Cr.No. 155/2020 under sections 148, 302, 120-B IPC r/w 149 IPC, dated 14-10-2020 of Mettupalayam Police Station, Puducherry – Pending Trial.

3. Cr.No. 74/2024 under section 25 (1-A) of Arms Act ,1959, dated 16-5-2024 of Mettupalayam Police Station, Puducherry.

4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he is not a law abiding citizen and he has involved in various offences by using aruval, knife to attack the victims and scant respect to the judiciary and rule of law.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry North limits, it is apprehended that he would continue to indulge in serious offences like murder, extortion, assault, obstructions, 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, Mettupalayam 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 of citizens and uphold public peace 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 26-12-2024 to appear for the hearing on 23-01-2025 at 10.00 AM and subsequent hearings on 06-02-2025, 20-02-2025 and 18-03-2025. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his sister, Ms. Jancy. The service was held sufficient for the Counter Petitioner.

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 Joseph, 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, robbery, assault, unlawful activities and disturbance to the public peace and order. There are three criminal cases were registered against him in Mettupalayam Police Station.

PART-I ] LA GAZETTE DE L'ETAT 223

10. Hence, I, Selvi 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, pass this order and prohibit the Counter Petitioner Joseph (21), son of Karunagaran, a resident of No. 10, Gandhi Street, Gandhi Thirunalloor, Muthirayarpalayam, 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 18th day of March, 2025 pronounced in the open Court.

ISHITA RATHI, I.A.S., Subdivisional Magistrate (North).

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