THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14488 of 2025

ORDER

This Criminal Petition is filed by the petitioner/accused No.58 seeking to quash the proceedings against him in C.C.No.215 of 2024on 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 the Railways Act, 1989.

2. Heard Sri Ramakrishna Kulkarni, learned counsel representing Sri V.Agni Kumar, learned counsel for the petitioner, Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, appearing for respondent Nos.1 and 2, and Sri Naraparaju Avaneesh, learned Standing Counsel appearing for respondent No.3.

3. The case of the prosecution is that on 17.06.2022, unemployed youth and army job aspirants, organized a 'Rail Roko Agitation' at Secunderabad Railway Station, demanding the cancellation of the "Agnipath Scheme" launched by the Central Government for short service recruitment in the Indian Army. Around 1000 to 1500 youth, carrying flags, banners and rods, entered into Secunderabad Railway Station by the tracks, forcefully bypassed the gate-duty security staff, and obstructed railway employees from discharging their duties. These youth allegedly 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 at railway machinery/equipment, including Engines and at police and RPF personnel on duty, and broke all the coach windows of trains stabled on the platforms. Despite police and RPF instructions, the agitators continued pelting stones. As a precautionary measure to safeguard passenger lives and railway property, all trains were cancelled. Based on these facts, the present crime was registered against the petitioner for offences punishable under Sections 147, 145(b), 145(c), 146, and 174(a) of the Railways Act, 1989.

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 a member of the WhatsApp group of army job aspirants. He further submitted that the petitioner did not commit 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 has been 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 against the petitioner in the present C.C.

5. Learned Deputy Solicitor General of India submitted that the matter requires trial and only upon conclusion of a 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 to be an agitator in the ‘Rail Roko Agitation’ based on the confessional statements made to the police officer. However, Section 25 of the Indian Evidence Act, 1872, prohibits the use of confessions made to a police officer against the accused in a criminal trial. A similar matter was disposed of by a co- ordinate Bench of this Court in Crl.P.No.2674 of 2025 dated

01.05.2025, 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 C