The High Court · 2025

Judgment

1. 2 The Union of lndia, Rep by its lndian Railway Ministry, New Delhi. The South Central Railways Secunderabad, Rep by its Chief General Manager, Railway Nilayam, Secunderabad.

3. Sri. T. Nagarjuna Reddy, Sub - lnspector.of Railway. Police Force, Rep by its Central G6vdrnment, Standing Council High court at Hyderabad. ... Res Pondents/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 quash CC No. 215 of 2024 in Crime. No. 283 ot 2022 in Railway Police Force Secunderabad, on the file of ll Metropolitan Magistrate for Railways at Secunderabad, offences registered UiSec 147, 145 (b), 145(c), 146, 174(a) ot Railway Act 1989. 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 stay all further proceedings including the appearance of the Petitioner/Accused No.5 herein in C.C. No. 215 ol2024 in Crime.No.283 of 2022 in Railway Police Force, Secunderabad, on the file of ll Metropgliqn Magiglrgtg for Railwiys at Secunderabad, offences registered U/Sec. 147 , 145 (b)' 145(c), 146, 174(a) of Railway Act, 1989. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri Nomula Chandan Rao, Advocate for the Petitioner and Sri N. Bhujanga Rao, Deputy Solicitor General of lndia on behalf of the Respondents. The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA 1 ORDER: 1. This Criminal Petition is filed under Section 528 of BNSS, 2023 seeking to quash the proceedtngs against the petitioner/accused No.S in C.C.No.215 of 2024, on the file of the learned ll Metropolitan Magistrate for Railways at Secunderabad, registered for the offences under Sections 147, 145(b), 145(c), 146 and 17a@) of Railways Act, 1989.

2. Heard Sri N.Chandan Rao, learned counsel for the petitioner/accused No.S and Sri N. Bhujanga Rao, learned Deputy Solicitor General of lndia appearing for the respondehts.

3. The case of the prosecution is that on 17.06.2022 at about

08.45 hours, 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 l OOO to 1500 youth by carrying flags, banners and rods entered into Secunderabad Railway Station by track and by over- throwing the gate-duty bandobusth staff, obstructing railway employees in discharging their duties; that the youth shouted / / 2 EfD,I Crl.P.NO.15587_25 slogans against the central Government policies, ransacked and damaged huge quantity of railway property including passenger amenities, ccrv cameras, burnt the coaches, pelted stones on railway machinery/equipment, incruding Engines and police personnel/RPF on duty and broke all the coach windows of trains stabted on platforms; that the agitators did not obey the instructions of the police and RPF and continued with pelting stones; and that as a precautionary measure in saving the lives of the passengers and safe guarding the railway property, all the trains were canceiled. Basing on the said facts, the present crime is registered against the petitioner for the offences punishable under Sections 142, 14s(b), 145(c), 146 and 174(a) of Railways Act.

4. Learned counsel for the petitioner submitted that the respondent-police have conducted investigation in a haphazard manner and without verifying as to who took part in the aileged ,Rail Roko Agitation', arrayed the petitioner herein as accused in the present case. He further submitted that there are no specific allegations against the petitioner herein and that he was only member of the whats-app group of army job aspirants. He further submitted that the petitioner had not committed any offence as alleged in the comptaint. Mere presence of the petitioner at the \ .\ 3 EfD,] Ctl.P.NO.15587_25 Secunderabad Railway Station on the date of alleged incident does not attract the alleged offences against the petitioner. He further submitted that the petitioner is falsely implicated in the present case basing on the confessional statements 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 t

6. Perused the record. The petitioner is suspected as agitator in the 'Rail Roko Agitation' basing on the confessional statements 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.N o.2674 of 2025, dated 0.05.2025, wherein the proceedings against the petitioner therein were quashed 1 4 ETD,] Crl.P.NO.15587_25 by relying on the decision of the Hon'ble Supreme Court in State of Haryana v. Bhajan Latl and the order dated 04.06.2024 passed by this Court in Crl.P.No.921 of 2024 opining that the allegations made in the F.l.R. or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach to a just conclusion that there is sufficient ground for proceeding against the petitioner therein. Applying the same analogy, this Court is also of the opinion that the proceedings in the present C.C. deserve to be quashed.

7. Hence, the proceedings in C.C.No.215 of 2024 on the file of learned ll Metropolitan Magistrate for Railways at Secunderabad, are hereby quashed against the petitioner herein.

8. Accordingly, the Criminal Petition is allowed.

9. Miscellaneous Petitions pending, if any, shall stand closed //TRUE COPY// SD/.B.REKHA RANI REGISTRAR OFFICER To,

1. In" ll Metroporitan Magistrate for Rairways at secunderabad 2. One CC to Sri Nomutabhandan Rao, AdvocateiOpUCt 3. one cc to sri N Bhujanga Rao, Deputy solicitor'Geneiat of lndia, Advocate 4. Two CD Copies loPUCl N. 1 1992 Supp(l) Supreme Court Cases 335 \ \ HIGH COURT DATED: 2711112025 ORDER CRLP.No.15587 of 2025 it\ iE SIA 3 ( r..') O g JAN 2[?E * I'F SPI\ t ALLOWING THE CRIMINAL PETITION f a ,3 ' !,r