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2023 Supreme(Telangana) 131

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Ujjal Bhuyan, N.Tukaramji, JJ.
Mrs. Timothy T Gonmei - Petitioner
Versus
The Principal Junior Civil Judge, The Acting IV Metropolitan Magistrate, Ms. T.Madhavi and others - Respondents
W.P.Nos.23116 of 2020; 11993 of 2019; W.A.No.34 of 2020; and C.C.(sr).No.53422 of 2022
Decided On : 01-03-2023

Advocates:
Advocate Appeared:
For the Petitioner:Dr. Eunice Lalnunmawii Chawngthu, petitioner-in-person (also known as Mrs. Timothy T.Gonmei)
For the Respondent: Mr. M.Roopender, learned Government Pleader

Headnote:

Prevention of Damage to Public Property Act, 1984 - Section 3 - Indian Penal Code, 1860 - Sections 332 & 506 - Constitution of India,1950 - Articles 32 and 226 - Arrest of petitioner -Whether with or without fine if following conditions are satisfied - Held, Even in a case of a foreigner who had suffered heinous offence of rape within railway premises, Supreme Court in Chairman Railway Board while upholding compensation awarded by High Court Article 226 of Constitution of India held that where public functionaries are involved and matter relates to violation of fundamental rights or enforcement of public duties remedy would still be available public law notwithstanding that a suit for damages can be filed private law - This position continues to hold good and has been consistently approved and applied by constitutional courts of country in several subsequent decisions including - Since court have come to conclusion that detention and arrest of petitioner for seven days was unlawful and she has suffered infringement of her fundamental right Article 21 of Constitution of India court are of view that compensation by way of exemplary costs of be imposed on State which would be just and adequate in case - Petition Disposed of.

ORDER :

Ujjal Bhuyan, J.

This order will dispose of the present bunch of cases.

2. Heard Dr. Eunice Lalnunmawii Chawngthu, petitioner-in-person (also known as Mrs. Timothy T.Gonmei) and Mr. M.Roopender, learned Government Pleader for Home representing the respondents.

3. Though diverse prayers have been made in these cases, the core issue is arrest of the petitioner on 20.05.2019 by personnel of Nacharam Police Station.

4. Petitioner is a practicing advocate of this Court. According to the petitioner, on 20.05.2019 she was proceeding in her vehicle for appearing in the entrance examination for LLM course, which was scheduled at a center called Noma Ion Digital located at Nacharam on the outskirts of the city. While proceeding to the examination center, petitioner’s vehicle went out of control and dashed into the railings of Tarnaka fly over. Because of the aforesaid incident, petitioner reached the examination center belatedly. The security guards guarding the examination center as well as the invigilator did not allow the petitioner to enter into the examination center on the ground that it was too late and that the examination time was about to end. According to the petitioner, the police personnel present in the examination center including one constable by name-G.Ramesh misbehaved with her and was photographing the incident. This was protested by the petitioner whereafter, petitioner was forcibly taken to the Nacharam Police Station. Ultimately, following her medical examination, she was taken into custody on that day itself; she was taken to Chenchalguda Jail late in the evening because of which the jail authorities did not allow entry whereafter, petitioner was brought back to Nacharam Police Station and kept there throughout the night. On the next day, she was taken to Chenchalguda Jail, where she was lodged.

5. It may be mentioned that on the complaint lodged by the Sub-Inspector of Police, Nacharam Police Station, FIR No.235 of 2019 dated 20.05.2019 was registered against the petitioner under Sections 332 & 506 of the Indian Penal Code, 1860 (IPC) read with Section 3 of the Prevention of Damage to Public Property Act, 1984 (for short ‘the PDPP Act’ hereinafter). Ultimately on orders of the Court, petitioner was enlarged on bail vide the release order dated 27.05.2019. Thus, petitioner was in custody from 20.05.2019 to 27.05.2019.

6. Sri K.Venkat Reddy, Sub-Inspector of Police, Nacharam Police Station has filed counter-affidavit in W.P.No.11993 of 2019. In the affidavit, it is stated that petitioner has a habit of filing one case after the other against various persons. That apart, as per his enquiry, petitioner is accused in more than twenty cases spanning the three police commissionerates of Hyderabad City, details of which have been mentioned in the affidavit. According to him, on 20.05.2019 at 14:30 hours, police constable – G.Ramesh of Nacharam Police Station had lodged a complaint stating that on 20.05.2019, at about 9:00 hours, he along with home guard-Narsimha were performing bandobust duty at Noma Ion Digital, Mallapur for the ongoing Lawcet online examination. This was as per the instructions of the Station House Officer of Nacharam Police Station. At about 12:10 hours, one lady came to attend the Lawcet examination and forced them to allow her to enter the examination hall. Management of the examination center and security personnel tried to stop her by stating that the examination had commenced at 11:00 a.m., and would end at 12:30 p.m.; it was too late to appear in the examination. When she was so obstructed, she picked up a quarrel with the security personnel and created nuisance. She used abusive language and damaged the tab provided by the police department. She thus obstructed the police constable from performing his legitimate duty. Hence, he requested the Station House Officer, Nacharam Police Station to take necessary action. On receipt of such complaint, crime No.235 of 2019 was registered against the pet

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