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CRM-A-462-2025 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : CRM-A-462-2025 (O&M)

Reserved On : December 04, 2025

Pronounced On : December 22, 2025

Union of India .... Applicant-Appellant

vs.

Dharmender Singh .... Respondent

CORAM : HON’BLE MRS. JUSTICE SUKHVINDER KAUR.

* * *

Present : Mr. Narender Kumar Vashist, Senior Panel Counsel

for the applicant/appellant – Union of India.

* * *

SUKHVINDER KAUR , J . :

CRM-11843-2025 :

This is application under Section 5 of the Limitation Act for

condonation of delay of 347 days in filing the present appeal.

For the reasons mentioned in the application, the same is

allowed and delay of 347 days in filing the present appeal is hereby

condoned, subject to all just exceptions.

The application stands disposed of.

CRM-11844-2025 :

This is application under Section 528 of the Bharatiya

Nagarik Suraksha Sanhita (BNSS), 2023, seeking exemption to file true

typed copy of the judgment.

Allowed as prayed for.

The application stands disposed of.

MONIKA

2025.12.22 13:12

I attest to the accuracy and

integrity of this document

CRM-A-462-2025 (O&M) 2

Main Appeal :

Aggrieved against the judgment dated 25.07.2023, passed by

learned Special Railway Magistrate, Ambala Cantt., whereby the respondent

has been acquitted of the charges levelled against him, the appellant has

approached this Court by way of present appeal.

Shorn of unnecessary details, the relevant facts, which are

required for proper adjudication of the present appeal, are that on

29.05.2021, respondent Dharmender Singh allegedly broke the boom of

gate No.97-C, by striking his vehicle bearing registration No.PB-32-L-9716

against it, while the same was closed to the road traffic. Consequently, on

the statement of concerned Gateman on duty namely Krishan Kumar,

Criminal Case No.93/2021, under Section 160(2) of the Railway Act was

registered against the respondent on 29.05.2021 itself. The respondent was

arrested. After completion of report, complaint was presented before the

Court for trial of the accused.

Finding prima facie case against the respondent, he was

charge-sheeted under Section 160(2) of the Railways Act. The respondent

pleaded not guilty and claimed trial. Statement of the accused/ respondent

was recorded under Section 313 Cr.P.C.

The prosecution, in order to prove its case, examined as

many as five witnesses.

PW-1 Krishan Kumar, who was posted as Gateman, proved

complaint given to SI Ramesh Kumar RPF Yamuna Nagar as Ex.PW1/A,

inspection memo as Ex.PW1/B, arrest and jamatalashi memo as Ex.PW1/C,

MONIKA

2025.12.22 13:12

I attest to the accuracy and

integrity of this document

CRM-A-462-2025 (O&M) 3

site plan as Ex.PW1/D, seizure memo as Ex.PW1/E, confessional statement

of accused as Ex.PW1/ F, his statement as Ex.PW1/G, copy of cabin log

book Ex.PW1/H and photographs Ex.P1 to P6.

PW-2 Vinay Kumar proved memo as Ex.PW2/A issued by

him and his statement as Ex.PW2/B.

PW-3 Ravinder Singh, Mechanic stepped into the witness

box and proved letter received by him as Ex.PW3/A, mechanical

examination report as Ex.PW3/B and his statement as Ex.PW3/C.

PW-4 Retd. SI Ramesh Kumar proved memo issued by

SS/YJUD as Ex.PW2/A, rojnamcha entry as Ex.PW4/A, tehrir as

Ex.PW1/A, inspection memo as Ex.PW1/B, arrest and jamatalashi memo as

Ex.PW1/C, site plan as Ex.PW1/D, seizure memo as Ex.PW1/E, statements

of Gateman and accused Dharmender as Ex.PW1/G and Ex.PW1/F,

respectively, rojnamcha entry No.19 as Ex.PW4/B, letter as Ex.PW3/A,

mechanical examination report as Ex.PW3/B, statement of Ravinder Singh

mechanic as Ex.PW3/C, letter qua obtaining damage report as Ex.PW4/ C,

damage report as Ex.PW4/D, statement of SSE Bhupender Singh as

Ex.PW4/E, superdari memo as Ex.PW4/F, return of jamatalashi memo as

Ex.PW4/G, cabin log book as EX.PW1/H, photographs as Ex.P1 to P6 and

complaint against accused as Ex.PW4/H.

PW-5 Bhupinder Singh, SSE/SIG stepped into the witness

box as PW5 and he proved letter as Ex.PW4/C, damage report as Ex.PW4/D

and his statement as Ex.PW4/E.

On the other hand, no