The High Court · 2025

Judgment

2. Union of lndia, rep by lndian Railway, Ministry of Railways, New Delhi. South Central Railways, Secunderabad, Rep by its Chief General Manger, Railway Nilayam, Secunderabad.

3. Sri S. Govinda Naidu/Sl/RPF/SC, Secunderabad, Rep by its Central Govt. Standing Council, High court at Hyderabad ...RESPONDENTS/COM PLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in C.C. No. 484 ol 2O23 in FIR No.2B2 ot 2022, on the file of ll Metropolitan Magistrate for Railways, at Secunderabad and quash the said proceedings against the Petitioner. l.A. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including the appearance of the Petitioner in C.C. No. 484 of 2023 in FIR No.282 of 2022, on the file of ll Metropolitan Magistrate for Railways at Secunderabad, and fair phy, pending the disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Atla Abhinandhan Reddy, Advocate for the Petitioner and Sri N. Bhr ianga Rao, Deputy Solicitor General of lndia the Public Prosecutor on behalf of thr: Respondents. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14395 OF 2025 ORDER: This Criminal Petition is filed by the petitioner-accused No.1B seeking to quash the proceedings against him in C.C.No.484 of 2023 on the file of learned ll Metropolitan Magistrate for Railways at Secunderabad, registered for the offences under Sections 147, 145(b), 145(c), 146 and 174(a) ot Railways Act, 1989.

2. Heard Sri Atla Abhinandan Reddy, learned counsel for the petitioner and Sri N.Bhujanga Rao, learned Deputy Solicitor General of lndia, for the respondents.

3. The case of the prosecution is that on 17.06-2022' the unemployed youth and army job aspirants, organized 'Rail Roko Agitation' at Secunderabad Railway Station with a demand to cancel the "Agnipath Scheme" launched by the Central Government for short service recruitment in the lndian Army; that about 1000 to 't500 youth by carrying flags, banners and rods entered into Secunderabad Railway Station by track and by over-throwing the gate{uty bandobusth staff, obstructing railway employees in discharging their duties; that the youth shouted slogans against the Central Government Policies, ransacked and l" 2 ETDJ 3rl.P No 14195 of2025 damaged huge quantity of railway property includ r g passenger amenities, CCTV cameras, bumt the coaches, pert:d stones on railway machinery/equipment, including Enginer; and police personnel/RPF on duty and broke all the coach winr ows of trains stabled on platforms; that the agitators did n rt obey the instructions of the police and RPF and continuel with pelting stones; and that as a precautionary measure in sel ing the lives of the passengers and safe guarding the railway pr< perty, alt the trains were cancelled. Basing on the said facts, the present crime is registered against the petitioner for t re offences punishable under Sections 147, 1as(b), 145(c), 1zr and 174(a) of Railways Act.

4. Learned counsel for the petitioner submi ll --d that the respondent-police have conducted investigation in r haphazard manner and without verifying as to who took part ir the alleged 'Rail Roko Agitation', arrayed the petitioner herein a ; accused in the present case. He further submitted that there ar I no specific allegations against the petitioner herein and that I e was only member of the whats-app group of army job as;g irants. He further submitted that the petitioner has not cor rmitted any offence as alleged in the complaint and he was not € t all present at the Secunderabad Railway Station on the dalr of alleged ..- -7/ 3 ETD,J Crl P.No.l419t of2025 incident. He further submifted that the petitioner IS falsely implicated in the present case basing on the confessional statement of the co-accused, which is abuse of process of law and is causing hardship to the petitioner and spoiling his bright employment prospects. He further submitted that the subject matter is squarely covered by the order, dated 01 .05-2025' passed by this Court in Crl.P.No.2674 of 2025, and therefore, prayed to quash the proceedings in the present C.C. against the petitioner herein.

5. Learned Deputy Solicitor General of lndia submits that the matter requires trial and only upon conclusion of full-fledged trial, the truth would be elicited. He, therefore, prayed to dismiss this Criminal Petition.

6. Perused the record.

7. The petitioner is suspected as agitator in the 'Rail Roko Agitation' basing on the confessional statement made to the police officer. Section 25 of the lndian Evidence Act prohibits the use of confessions made to a police officer against the accused in a criminal trial. Similar matter has been disposed of by,a co-ordinate Bench of this Court in Crl.P.No.2674 of 2025, daled 01.05.2025, wherein the proceedings against the 4 ETD.', lrl.P.No.l4l95 of2025 petitioner therein were quashed by relying on the < ecision of the Honourable Supreme Court in State of Haryan:r v. Bhajan Lall and the order, dated 04.06.2024, passed by tlr s Court in Crl.P.No.921 of 2024, opining that the allegations rr ade in the F.l.R. or complaint are so absurd and inherently imJr obable on the basis of which no prudent person can ever reac r to a just conclusion that there is sufficient ground for g roceeding against the petitioner therein. Applying the same a r rlogy, this Court is also of the opinion that the proceedings in ll re present C.C. deserve to be quashed,

8. Hence, the proceedings in C.C.No.484 of 2C13 on the file of learned ll Metropolitan Magistrate for I lailways at Secunderabad, are hereby quashed against ll e petitioner herein

9. Accordingly, the Criminal Petition is allowed. Miscellaneous Petitions pending, if any, shall s and closed r 1111 ,PPO ) SrPt"*" Guvl cqaeA a35 SD/. A. SII:ENIVASA REDDY ..ANT REGISTRAR //TRUE COPY// rt iEcTloN oFFICER To,

1. The ll Metropolitan Magistrate for Railways at Secunderat ed. 2. The Sl, Railway Protection Force, Secunderabad. 3. Two CCs to Public Prosecutor, High Court for the S tate of Telangana, Hyderabad [OUT]. ,, t One CC to Sri. Atla Abhinandhan Reddy Advocate [OPUC] I One CC to Sri. N Bhujanga Rao Deputy Solicitor General of lndia Advocate loPUCl

5. Two CD Copies. GAK,/SA w HIGH COURT \ \ DATED:0711112025 B0\ () t 2J JAilM k c, ::.'' -I. ORDER GRLP.No.14395 of 2025 ALLOWING THE CRIMINAL PETITTON .{fi'l t ft-,,r,