THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10315 OF 2011 ORDER: Petitioners approach this Court by invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings against them in C.C.No.335 of 2010 on the file of the II Metropolitan Magistrate for Railways at Secunderabad, whereby they are facing charge for the offence punishable under Sections 174(a) of the Railway Act, 1989. 2. Heard. 3. The case of the prosecution is that on 23.12.2009 at about 1300 hours a mob consisting of 80 deligates of Congress Party under the leadership of the petitioners herein were suddenly came to Kurnool town railway station and observed rail roko and detained Train No.2707 A.P.Sampark Kranthi Express for about 26 minutes duly raising slogans about “Samaikya Andhra”. 4. Learned counsel for the petitioners submitted that the petitioners are innocent of the offences alleged against them and they have been falsely implicated in the case. He further submits that there is absolutely no specific allegation against the petitioners. 5. This Court is of the view that the said contentions can be raised before the trial Court at the time of trial and this Court is not inclined to interfere with the trial at the stage. In any event, as there is no ingredient to proceed against the petitioners, the petitioners are at liberty to file a discharge application before the court below. On such filing, the lower Court is directed to consider the same favourably. Meanwhile, the presence of the petitioners before the trial Court is dispensed with except the dates on which the learned Magistrate insists for the same. 6. With the above observation, the criminal petition is dismissed. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 24th October 2011 Rns