[ 209 ]
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
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
2025 }
|
22 {
No.
45
Poudouchéry
Mardi
22
Avril
2025 (2 Vaisakha 1947)
No.
Puducherry
Tuesday
22nd
April
2025
210
LA GAZETTE DE L’ETAT
[ PART-I
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).
212
LA GAZETTE DE L’ETAT
[ PART-I
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.
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 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.
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 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 Subdivisional
214
LA GAZETTE DE L’ETAT
[ PART-I
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.
216
LA GAZETTE DE L’ETAT
[ PART-I
216
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 for the Counter
Petitioner was received by his wife, Tmt. V. Kalpana. The service was held sufficient
for 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 Vijay @ Kakka Viji, is in such a manner that they may cause
breach of peace and create a problem of law and order and public tranquility.
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.
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 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.
218
LA GAZETTE DE L’ETAT
[ PART-I
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.
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 for the Counter
Petitioner was received by his relative, Tmt. G. Jeya. The service was held sufficient
for 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 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.
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 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.
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LA GAZETTE DE L’ETAT
[ PART-I
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.
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 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.
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 Muthu Kumar @ Muthu (29), son of Sankar, a resident
of No. 187, LIG Housing Board Quarters, Kurumampet, Puducherry, from entering
PART-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. The Counter Petitioner is Joseph (21), son of Karunagaran, 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.
222
LA GAZETTE DE L’ETAT
[ PART-I
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.
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 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.
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.
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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