HP High Court Quashes FIR Against Shimla Councillor Under Railways Act, Finds No Material Showing Electric Pole Near Track Endangered Safety

The Himachal Pradesh High Court has quashed an FIR registered under Section 153 of the Railways Act, 1989 (endangering the safety of persons travelling by railway by wilful act or omission).

The Court held that the record did not disclose any unlawful or wilful act by the petitioner that could be said to have endangered the safety of railway passengers.

The Court further noted that there was no direct involvement of the petitioner, and no record shows that after getting sanction by the competent authority he was involved in the execution of work.

Examining Section 153 of the Railways Act, the Court observed that no offence was made out against the petitioner as at no point of time he was involved in any unlawful activity.

Justice Sandeep Sharma remarked that: “There is nothing on record to suggest that on account of erection of the electric pole alongside the railway line, safety of any person traveling in the railway or upon any railway line was endangered.”

The Court further noted that: “It clearly emerges from the pleadings and record that petitioner had no role to play after according approval by the railway authorities, whereafter admittedly work was executed on the spot by the officials of the executing agency.”

Background:

The petitioner, councillor of Municipal Corporation, Shimla, had raised the issue of laying a sewerage pipeline in public interest. Approval for laying the pipeline alongside the railway track was duly granted by the railway authorities.

However, the Railway authorities later alleged that the executing agency did not follow the approved plans and tracks. The Railway authorities repeatedly sent notices to the executing agency i.e. Municipal Corporation, Shimla.

In spite of that the councilor of the ward concerned, insisted to erect electric pole alongside the railway line endangering the safety of persons travelling in the railway.

Therefore, criminal case against the petitioner and two other officials was filed under Section 153 of Railways Act .

Case Name: Diwakar Dev Sharma v/s Railway Police Force and Anr.

Case No.: Cr.MMO No. 168 of 2021

Date of Decision: 23.02.2026

For the Petitioner: Mr.Naresh K. Sharma, Advocate.

For the Respondent: Mr. V. B. Verma, Senior Panel Counsel, for respondent No.1

Mr. Rajan Kahol & Mr. Vishal Panwar, Additional

Advocates General and Mr. Ravi Chauhan & Mr.

Anish Banshtu, Deputy Advocates General, for

respondent No.2.

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