High Court under Cr.P.C. Section 482 quashed FIR under Railways Act Section 153 against elected representative who only facilitated sewerage pipeline sanction near tracks, finding no wilful act or omission causing safety endangerment as execution deviated under railway supervision.

JUDGMENT :
Sandeep Sharma, J.

By way of instant petition filed under Section 482 of the Cr.PC, read with Article 227 of the Constitution of India, prayer has been made by the petitioner, who at the relevant time, was elected Councilor of Municipal Corporation, Shimla, for quashing of case crime No. 53 of 2020 dated 18.12.2020, registered under Section 153 of the Railways Act, 1989 (in short the “Act”) titled as State v. Diwakar Dev Sharma, alongwith further proceedings arising therefrom against him as well as notice dated 28.2.2021 (Annexure P-10) issued by the learned Chief Judicial Magistrate, Shimla.

2. Precisely, the facts of the case, as emerge from the record are that petitioner being elected Councilor of ward No. 7, Municipal Corporation, Shimla, raised issue of laying sewerage line through Nalah/track by Municipal Corporation, Shimla. Authorities concerned after having checked the feasibility found that entire land adjoining to ward No. 7 is abutting railway line and accordingly, took up the matter with railway authorities. Municipal Corporation, Shimla preferred online application dated 3.7.2018 to DRM Ambala/Engineer Northern Railway for the purpose of laying drainage/sewerage line. Pursuant to afore application dated 3.7.2018, Senior Divisional Engineer-HQ, Northern Railway, Ambala Cantt. sent a communication dated 6.11.2018, thereby according permission for crossing of drainage/sewerage pipeline at Km88/12 and 89/6 between Tara Devi and Jutogh stations, subject to deposit of Rs. 17,43,042/- towards estimate charges. Municipal Corporation, Shimla, deposited the afore amount, whereafter railway authorities granted permission to lay drainage/sewerage pipeline between Tara Devi and Jutogh under the supervision of the railway authorities. Allegedly, Municipal Corporation, Shimla, did not lay the drainage/sewerage line properly, as a result of which, blocks constructed got burst before its functioning and very purpose of laying the pipeline could not be achieved. Municipal Corporation, Shimla reconstructed the required blocks properly from the hard surface for the support of sewerage pipeline and made the same functional for facility of general public. According to the approved plan, DI pipeline was required to be laid from km88.717 to Km.89.307 parallel to the railway boundary through clamping method to the right side of the track, wherafter it was to cross the railway track at Km. 89.307 by cut and cover method under traffic block and after that it was to be laid parallel to the railway track from Km.89.307 to Km.89.400 by clamping method to the left side of the track.

3. Allegedly, Junior Engineer, Sewerage Division Tutikandi, Shimla (now known as SJPNL) i.e. executing agency did not follow the approved/sanctioned plans/tracks. Since number of discrepancies were found on the spot, railway authorities repeatedly sent notices to the executing agency i.e. Municipal Corporation, Shimla. However, no much heed was paid to the same, rather allegedly, petitioner, who at the relevant time, was councilor of the ward concerned, insisted to erect electric pole alongside the railway line thereby endangering the safety of persons travelling in the railway. In the aforesaid background, criminal case under Section 153 of Act came to be instituted against the petitioner and two other officials namely Manish Rana and Veer Singh Parihar.

4. Since after completion of investigation, railway authorities submitted the challan in the court of learned Chief Judicial Magistrate, Shimla and same is pen