2016 Supreme(Mad) 1309
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.VENUGOPAL, J.
Laloo @ Lemon Anandaraj - Petitioner
Vs
The District Magistrate, Puducherry - Respondent
Crl.Rc.No.625 of 2016
Decided on : 26-04-2016
For the Petitioner: Mr. S.Doraisamy
For the Respondent: Mr. M.P.Thangavel, Additional Public Prosecutor, Puducherry
Headnote:
Arms Act – Section 27(1) – Indian Penal Code,1860 - Sections 341, 302, 201, 109, 120(b) r/w.149 - Criminal Procedure Code,1973 – Section 144 - Offences murder - Assailing validity - Criminal trespass - Petitioner has preferred instant Criminal Revision Petition before this Court as against order in M.C passed by District Magistrate had passed impugned order against Revision Petitioner and same runs - Whereas it has been made to appear to me that you have trivial and insignificant respect to judiciary and rule of law and involved in various offences against public tranquility offences against public & private property offences affecting decency & morals and offences affecting human body and that you have become a perennial source of threat to community, public peace and order - Held, At this stage this Court worth recalls and recollects decision District Magistrate wherein it is observed and held that a blanket order prohibiting entry of petitioner leader of political organization in district for a period of one month merely on ground that his inflammatory speeches would create tension in area without providing material to the petitioner would be bad in law and would be set aside - No doubt Section 144 Criminal Procedure Code deals with immediate prevention and speedy remedy - Established fact for an order under Section 144 Criminal Procedure Code is urgency requiring an immediate and speedy intervention by passing an order - Criminal Revision Petition is allowed
With the consent of both the learned counsel, the Criminal Revision Petition is taken up for hearing.
2. Heard both sides. No counter has been filed by the Respondent.
3. The Petitioner has preferred the instant Criminal Revision Petition before this Court as against the order dated 31.03.2016 in M.C.N.36 of 2016 passed by the District Magistrate, Puducherry.
4. The District Magistrate, Puducherry in M.C.No.36 of 2016 had passed the impugned order against the Revision Petitioner (u/s.144 Cr.P.C.,) and the same runs as under:
“WHEREAS, it has been made to appear to me that you have trivial and insignificant respect to the judiciary and rule of law and involved in various offences against public tranquility, offences against public & private property, offences affecting decency & morals and offences affecting human body and that you have become a perennial source of threat to the community, public peace and order:
AND WHEREAS, I am convinced of your involvements in various criminal cases such as offences affecting human body, offences against public and private property, creating fear and panic in the minds of the innocent public. You have committed offences under (1) Cr.No.247/2006 u/s.302, 324 r/w.34 IPC, dated 18.08.2006 of Orleanpet PS, (2)Cr.No.124/2007 u/s.147, 148, 302 IPC r/w.149 IPC dated 08.05.2007 of D'Nagar PS, (3)Cr.No.315/2007 u/s.302, 201 r/w.149 IPC @ 341, 302, 201, 109, 120(b) r/w.149 IPC dated 06.10.2007 of Auroville PS, (4)Cr.No.548/2009 u/s.27(1) Arms Act & 34 B IX PP Act, dated 12.11.2009 of Orleanpet PS, (5)Cr.No.582/2009 u/s.27(1) Arms Act & 34 B IX PP Act, dated 30.12.2009 of Orleanpet PS, (6)Cr.No.401/2010 u/s.447, 294, 506 r/w.34 IPC 447, 294, 506(ii) IPC & 27(1) Arms Act r/w.34 IPC, dated 16.09.2010 of Orleanpet PS, (7)Cr.No.444/10 u/s.448, 427, 506(ii) r/w.34 IPC @ 147, 148, 448, 427, 188, 506(ii) IPC r/w.149 IPC dated 06.11.2010 of Orleanpet PS, (8)Cr.No.13/2012 u/s.451, 387, 427, 506(ii) r/w.34 IPC @ 147, 148, 451, 387, 427, 506(ii) r/w.149 IPC dated 10.01.2012 of Orleanpet PS, (9)Cr.No.156/2013 u/s.143, 148, 324, 302 IPC, dated 27.03.2013 of Kottakuppan PS. It is evident from the above cases that you have involved in committing serious offences which would endanger the life of innocent public and their peace and order. Your vengeful acts along with your accomplices against your opponents have created panic in the minds of the people, especially among the children and women.
AND WHEREAS, it is brought to the notice of the undersigned that you are likely to indulge in unlawful activities, obstruction and disturbance of peace and tranquility causing damage to life and property of and intimidation to general public;
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 Puducherry, you will indulge in serious offences like murder, assault, extortion, criminal trespass, intimidation, damages to public and private properties, obstructions, annoyance etc 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., be invoked to take action against you to prevent harm to life and properties of the innocent citizens and uphold public peace and order;
AND WHEREAS, I am satisfied that your activities will endanger human life and properties and 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, Dr. S.Sundaravadivelu, I.A.S., District Magistrate, Puducherry in exercise of powers conferred under Code of Criminal Procedure do hereby prohibit you under Section 144 of Cr.P.C., from entering into the Puducherry District for a period of two months from the date of this Order or till any further orders are passed by the Co