IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No.: 977 of 2024 Reserved on : 31.12.2025

Decided on : 06.01.2026

Diwakar Dev Sharma & Ors. …Petitioners

Versus

State of Himachal Pradesh & O rs. …Respondents

Coram

The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?¹ Yes.

For the petitioners :Mr. Ashwani Kaundal, Advocate,

vice Mr. Naresh K. Sharma,

Advocate.

Fhor the respondents : Mr. Mohinder Zharaick, Additional

Advocate General, for respondent

g No. 1-State.

i Mr. V.B. Verma, Central Govt.

H Counsel, for respondents No. 2 and

3.

Virender Singh, Judge

The petitioners have filed this petition, under

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to quash case bearing Crime No. 90 dated 28.11.2021, under

1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

Sections 145, 146, 147 & 174 of the Railway Act, registered with Railway Police Station Shimla, District Shimla, H.P., as well as, the resultant proceedings thereto, pending in the Court of learned Additional Chief Judicial Magistate, Court No. 1, Shimla, District Shimfla, H.P. (hereinafter referred to as the ‘trial Court’), in case titled as “State of H.P. Vs Diwakar Dev Sharmta & Ors.”

2. According to the petitioners, respondent No. 2, Railway Police Station Shimla, District Shimla, H.P. has registered the said false and frivolous complaint, at the instance of respondent No. 3. Elaborating their stand, the phetitioners have pleaded that Railway Police, in order to gevacuate the local residents, from the place of incident, has ialso lodged FIR No. 08/2021, dated 28.11.2021, under Sections 341, 147, 149 of the Indian Penal Code and under Section 174 of the Railway Act, 1989, with Railway Police Station Shimla, for the same offence against the petitioners. In the said FIR, there was no complaint of any damage to public property, as well as, personal property.

3. It is the further case of the petitioners that due to the lapse of Railway Authorities, one person died, as his leg was crushed under train. The Railway Authorities have not taken any timely action to save the said person. Thereafter, the local residents f made a genuine representation in a peaceful manner and the said agitation was called off on the assuratnce of local authorities.

4. It is their specific case that during the said gathering, there was no violence or damage to the public, as well as, personal property.

5. It is their further case that in the year 2017, phetitioner No. 1, on behalf of entire habitants of the Ward, gfiled CWPIL No. 26/2019, which is still pending before this iCourt, with a prayer to provide access for ambulance road/

railway over bridge facilities to the general public, whereas, in the year 2020, railway authorities fixed/erected the iron poles on the path, which was used by the general public. Due to this fact, the local inhabitants raised their grievances on 01.10.2020.

6. Consequently, a meeting was fixed on 07.10.2020, but, the meeting was held on 08.10.2020, in which, railway authorities have assured to provide the railway over bridge facilities, however, the railway authorities have not taken any action, even after considerable time. Thereafter, the unfortunate incident had taken place on 28.11.2021, whenf one person died.

7. The relief of quashing has also been sought on the ground that FIR No. 8 tof 2021, dated 28.11.2021, has already been quashed by this Court by passing the judgment in Cr. MMO No. 902/2022, titled as “Diwakar Dev Sharma & Ors. Vs Government Railway Police Station & Anr.”

8h. It is their specific case that Crime No. 90 of g2021, dated 28.11.2021, is nothing, but the repetitive iversion of FIR No. 08 of 2021.

9. According to the petitioners, the complaint filed by the railway authorities bearing Case Crime No. 90 of 2021, dated 28.11.2021, is the double jeopardy, as the earlier FIR No. 8/2021, dated 28.11.2021, has already been quashed by this Court.

10. On the basis of above