HC quashes case against Shimla councillor in railway safety row
SHIMLA: The Himachal Pradesh High Court has quashed a criminal case registered against former Shimla municipal councillor Diwakar Dev Sharma in connection with the laying of a sewerage pipeline near a railway track, holding that no offence under the Railways Act was made out against him.
In an order dated February 23, 2026, Justice Sandeep Sharma allowed Sharma’s petition and set aside FIR No. 53 of 2020 registered under Section 153 of the Railways Act, along with all consequential proceedings .
The case stemmed from allegations by railway authorities that deviations from the approved plan while laying a sewerage line between Tara Devi and Jutogh stations, including erection of an electric pole near the track, had endangered passenger safety.
Sharma, then councillor of Ward No. 7, was accused along with two officials of the executing agency.
The court, however, noted that Sharma had no role in executing the work on site and was only instrumental in raising the issue and getting the project sanctioned in public interest.
The execution, the court observed, was carried out by the implementing agency under the supervision of railway officials themselves .
Importantly, the High Court held that there was no material to show any “wilful act or omission” by the petitioner that endangered railway safety, a mandatory ingredient to attract Section 153 of the Act.
No obstruction to rail traffic was reported, nor was any complaint made by passengers, the court recorded.
Terming continuation of the trial an abuse of process, the court said the prosecution was bound to fail and allowing it to proceed would subject the petitioner to unnecessary harassment.
Accordingly, the FIR and all subsequent proceedings were quashed and Sharma was acquitted of all charges .