VIJAYAWADA: In a major development, the State government on Monday directed the public prosecutors to file an appeal in the High Court against the acquittal judgment passed by the VII Additional Metropolitan Magistrate Court for Railways in Vijayawada on May 1, 2023 pertaining to the Tuni arson case.
The order issued by the principal secretary (Home), Kumar Viswajeet, further instructed the public prosecutor to file the appeal petition along with delay condonation petition and duly specifying the reasons for delay to avoid further legal complications.
“Government, after careful examination of the matter and in exercise of the powers conferred under section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No.46 of 2023), hereby direct the Public Prosecutor, High Court of Andhra Pradesh, Amaravati, to prefer an appeal before the High Court of Andhra Pradesh against the acquittal judgment passed by the railway court,” read the GO.
The incident dates back to January 31, 2016, where agitated activists, who attended for ‘Kapu Garjana’ led by the former minister Mudragada Padmanabham and other leaders, stormed the Tuni railway station and set on fire Ratnachal Express and other vehicles.
Following the incident, railway protection force (RPF) officials registered cases against the accused under Sec 143 IPC (unlawful assembly), Sec. 147 (rioting), Sec 148 (rioting while armed with deadly weapons), Sec 353 IPC (criminal assault on public servant), Sec 438 (committing mischief by using fire or explosive substance), Sec 120 (b), Indian Railways Act, 1989, Prevention of Damage to Public Property Act, 1984 and other charges.
More than seven years after the incident, the Vijayawada Railway Court acquitted all 41 accused and ordered action against three RPF officials for faulty probe in the case.
The investigation officers submitted the chargesheet in 2021 before the court and the judge examined a total of 25 witnesses during the trial process between 2021 and 2023.