HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No. 6741 of 2024

ORDER:

Heard Sri A. Prabhakar Rao, learned counsel for petitioner/Accused No.15 and Ms. Shalini Saxena, learned counsel representing learned Public Prosecutor appearing for respondent.

2. This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), to quash the proceedings against petitioner/A.15 in C.C.No.393 of 2023 on the file of the Court of learned Special Judicial Magistrate of First Class for Excise Cases, at Manoranjan Complex, Nampally, Hyderabad.

3. Petitioner herein is A.15 in the aforesaid C.C. The offences alleged against him are under Sections 147, 117, 151, 188, 341, 353 and 506 IPC read with Section 34 IPC; Section 3 of the Prevention of Damage to Public Property Act, 1984; Section 7(1) of the Criminal Law Amendment Act, 1932, and Sections 145, 147, 174(a), 150(b) & (e) of the Railways Act, 1989.

4. Sri A. Adinarayana, de facto complainant, is impleaded as 2^nd respondent in this Criminal Petition vide order dated 02.04.2025 in I.A.No.1 of 2025. He lodged a complaint dated 15.10.2011 before Government Railway Police, Secunderabad Police Station, against petitioner/A.15 and others alleging that in view of rail roko call given by petitioner/A.15, President of Telangana Political JAC, and A.16, Political JAC for formation of separate State of Telangana, on 15.10.2011 at 6:00 hours, Telangana Jagruthi President along with her 40 followers came to the railway track and stopped the train engine which was coming from Secunderabad side. They sat on the railway track and gave slogans and caused inconvenience to the trains and also obstructed the duties of railway employees. Without obtaining prior permission, they all sat on railway track and threatened that if they were not allowed to sit on railway track, they will pelt the stones on police. On the basis of the said complaint, a case in Crime No.432 of 2011 was registered on the file of Secunderabad Police Station, against petitioner/A.15 and others for the aforesaid offences. Thereafter, the police filed charge sheet against petitioner/A.15 and others in the Court of II Metropolitan Magistrate for Railways, Secunderabad, for the aforesaid offences.

5. In charge sheet, it is stated that A.1 to A.14 pleaded guilty and A.15 and A.16 were absconding. The said charge sheet was filed on 01.02.2013. Cognizance was taken on 01.02.2013 itself. The case against petitioner/A.15 was split up and C.C.No.393 of 2023 was assigned. Thereafter, the said C.C. was transferred to the Court of learned Special Judicial Magistrate of First Class for Excise Cases, at Manoranjan Complex, Nampally, Hyderabad.

6. Perusal of record would reveal that in the complaint lodged by 2^nd respondent, the only allegation levelled against petitioner/A.15 is that rail roko call was given by Telangana Political JAC under the leadership of petitioner, President of TRS Party. Except that, there is no other allegation levelled against petitioner/A.15.

7. During the course of investigation, Investigating Officer recorded the statements of 2^nd respondent as L.W.1, eyewitnesses as L.Ws.2 to 10 and panch witnesses as L.Ws.11 and 12. However, none of the aforesaid witnesses spoke about the role played by petitioner/A.15 in commission of aforesaid offences. All of them in one voice stated that political JAC under the leadership of petitioner/A.15 gave a call for rail roko from 15.10.2011 to 17.10.2011 for formation of Telangana State. According to them, rail roko programme was conducted on 15.10.2011 at 6:00 a.m. under the leadership of petitioner/A.15. Except that there is no other allegation levelled against petitioner/A.15.

8. As discussed supra, on consideration of the statements of aforesaid witnesses, the police laid charge sheet against petitioner/A.15 and others for the aforesaid offences.

9. In view of the above, it is apt to note that Section 188 of IPC deals with ‘disobedience to order duly promulgated by a public s