The High Court · 2025

Judgment

2. Union of lndia, rep by lndian Railway, lr/inistry of Railways, New Delhi. South Central Railways, Secunderabad, Rep by its Chief General Manager, Railway Nilayam, Secunderabad

3. Sri T. Nagarjuna Reddy, Sl/RPF/SC, Secunderabad, Rep by its Central Govt 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 Petrtion, the High Court may be pleased to call for the records in C.C. No. 215 of 2024 in FIR No.283 of 2022, on the file of Hon'ble Il Metropolitan ltrlagistrate 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. 215 ol 2024 in FIR No.283 of 2022, on the file of Hon'ble ll Metropolitan Magistrate for Railways at Secunderabad, in the interest of justice and fair play, 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. Bhujanga Rao, Deputy Solicitor General of lndia on behalf of the respondents. The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA Dl: /l EADA CRIMINAL PETITION No.15634 OF 20: 5 ORDER: 1. This Criminal Petition is filed under Sectior 528 of BNSS, 2023 seeking to quash the proceedings against the petitioner/accused No.20 in C.C.No.215 of 2024, cr the file of the learned ll Metropolitan Magistrate for Railways al Secunderabad, registered for the offences under Sections 147, 14!t c), 145(c), 146 and 174(a) of Railways Act, 1989.

2. Heard Sri A.Abhinandhan Reddy, learned r cunsel for the petitioner/accused No.20 and Sri N. Bhujanga Rao earned Deputy Solicitor General of lndia appearing for the responder ls

3. The case of the prosecution is that on 17.A(. 2022 at about

08.45 hours, the unemployed youth and army job aspirants, organized 'Rail Roko Agitation' at Secunderabad I iailway Station with a demand to cancel the "Agnipath Scheme" i unched by the Central Government for short service recruitment in t re lndian Army; that about 1000 to 1500 youth by carrying flags, b: rners and rods entered into Secunderabad Railway Station by trac < and by over- throwing the gate-duty bandobusth staff, obst .rcting railway employees tn discharging their duties; that the youth shouted 2 EIO.] C.I.P.NO-15534 25 slogans against the Central Government policies, ransacked and damaged huge quantity of railway property including passenger amenities, CCTV cameras, burnt the coaches, pelted stones on railway machinery/equipment, including Engines and police personnel/RPF on duty and broke all the coach windows of trains stabled 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 cancelled. Basing on the said facts, the present crime is registered against the petitioner for the offences punishable under Sections 147, 145(bl, 145(c), 146 and 174(a) of Raitways Act.

4. Learned counsel for the petitioner submitted that the respondentpolice have conducted investigation in a haphazard manner and without verifying as to who took part in the alleged ,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 complaint. I\rlere presence of the petitioner at the --ar--F- ,/ 3 €ro,J Ctl.P.NO.15634_25 Secunderabad Railway Station on the date of allege I incident does not attract the alleged offences against the petitic rer. He further submitted that the petitioner is falsely implicated irr t e present case basing on the confessional statements of the co-a: ;used, which is abuse of process of law and is causing hardship to ti : petitioner and spoiling his bright employment prospects. He furthr: submitted that the subject matter is squarely covered by the order cli ted 01.05.2025 passed by this Court in Crl.P.No.2674 oI 2025 ancl I erefore prayed to quash the proceedings in the present C.C. agairr t the petitioner herein.

5. Learned Deputy Solicitor General of lndia ; rbmits that the matter requires trial and only upon conclusion of full I edged trial, the truth would be elicited. He, therefore, prayed to disnr ;s this Criminal Petition.

6. Perused the record. The petitioner is suspected a: agitator in the 'Rail Roko Agitation' basing on the confessional statr nents made to the police officer. Section 25 of the lndian Evidence I ct prohibits the use of confessions made to a police officer against tl e accused in a criminal trial. Similar matter has been disposed of lr , a co-ordinate Bench of this Court in Crl.P.No.2674 of 2025, de ed 0.05.2025, r-rs wherein the proceedings against the petitioner thereir were quashed 2 -/ ! 4 c .P,NO.I5634 25 by relying on the decision of the Hon'ble Supreme Court in State of Haryana v. Bhajan Lalr 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/-M.OSMAN ALI BAIG SISTANT REGIST ECTION OFFICER To, 1 3 The ll Metropolitan Ma gistrate for Railways, Secund d One CC to Sri Afla Ab hinandhan Reddy, Advocate IOp UC] One CC to Sri N Bhujanga Rao, Deputy Solicitor Gene ral of lndia, Advocate loPUCl

4. Two CD Copies ABK/PSL \q. r 1992 Supp(1)suprem€ Cou.iCas€s 335 HIGH COURT DATED: 2711112025 ORDER CRLP.No.'15634 of 2025 ALLOWING THE CRIMINAL PETITION "N "rd C w 1A- j-3', ;d,e s t', 0: jlli ?[?[ :1 I o t\