THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.2674 OF 2025

O R D E R:

The present Criminal Petition is filed seeking to quash the proceedings in C.C.No.610 of 2024 on the file of the learned II Metropolitan Magistrate for Railways at Secunderabad registered against the petitioner/accused No.23 for the offences punishable under Sections 145(b), 145(c), 146, 147 and 174(a) of the Railways Act.

2. Heard Mr.Rama Krishna Kulkarni, learned counsel representing Mr.Vadapally Agni Kumar, learned counsel for the petitioner and Mr.V.T.Kalyan, learned Central Government Standing Counsel representing Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for respondent No.3.

3. The brief facts of the case are 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 Indian Army; that about 1000 to 1500 youth entered into Secunderabad Railway Station by carrying flags, banners and rods through several entries by track, over threw the gate-duty bando busth staff by 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 Police personnel and RPF staff attended bondo busth under the supervision of Additional Director and other Superior Officers; that the agitators did not obey the instructions of the Police and RPF, continued with pelting stones; that as a precautionary measure in saving the lives of the passengers, safe guarding the Railway property and the lives of the passengers, all the trains were cancelled. Basing on the said facts, the present crime is registered against the petitioners/accused Nos.1 to 62 for the offences punishable under Sections 145(b), 145(c), 146, 147 and 174(a) of the Railways Act.

4. Learned counsel for the petitioner submits 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 No.23 in C.C.No.610 of 2024. He further submits that there are no specific allegations against the petitioner and that he was only a member of the whats app group of army job aspirants; that the petitioner had travelled from Kamareddy by Train and arrived at Secunderabad Railway Station at about 08:50 A.M. on the alleged date of incident; that the petitioner came to Platform No.1 at 09:10 A.M. and by the time he reached Platform No.1 all the reported violent agitation was completed.

5. He further submits that the petitioner belonged to Schedule Tribe (ST) Community and hails from a poor family of Lambada Thanda of Birkur Thanda and Village of Sangam, Nasrullabad Mandal Kamareddy District, TG; that with the financial assistance of his aged parents, who were labourers by Profession, the petitioner had completed his Graduation Degree (B.Sc.) and later, selected as the Constable (GD) in Indo-Tibetan Border Police Force in the recruitment process conducted by the Staff Selection Commission; that the implication of the petitioner, falsely in the subject crime is causing hardship to the petitioner and spoiling his bright employment prospects. He states that the petitioner is falsely implicated in the present crime basing on the confessional statements of the co-accused, which is abuse of process of law. Therefore, relying on the order dated 04.06.2024 passed by this Court in Crl.P.No.921 of 2024, he seeks to quash the impugned proceedings.

6. Learned Central Government Standing Counsel submits that the matter requires to be tr