THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15634 OF 2025

ORDER:

1. This Criminal Petition is filed under Section 528 of BNSS, 2023 seeking to quash the proceedings against the petitioner/accused No.20 in C.C.No.215 of 2024, on the file of the learned II Metropolitan Magistrate for Railways at Secunderabad, registered for the offences under Sections 147, 145(b), 145(c), 146 and 174(a) of Railways Act, 1989.

2. Heard Sri A.Abhinandhan Reddy, learned counsel for the petitioner/accused No.20 and Sri N. Bhujanga Rao, learned Deputy Solicitor General of India appearing for the respondents.

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 Indian Army; that about 1000 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 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(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 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. Mere presence of the petitioner at the 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 India 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. 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 Indian 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, dated 0.05.2025, wherein the proceedings against the petitioner therein were quashed by relying on the decision of the Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, [1992 Supp(1) Supreme Court Cases 335] and the order dated 04.06.2024 passed by this