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(2025) Law Today Live Doc. Id. 19791 = 2025 INSC 51 = AIROnline 2025 SC 278 = (2025) 4 SCC 245
Arising out of SLP (Criminal) No. 2408 of 2017
Decided on: 09.01.2025
With
Criminal Appeal Nos. 139-140/2025 [Arising out of SLP (Criminal) Nos. 9225-9226/2022]
J. Ramesh Versus Union of India
A. Railways Act, 1989 (24 of 1989), Section 143 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Criminal proceedings against unauthorised agent – Quashing of -- Respondent/ accused alleged, had created hundreds of fake user IDs to sell tickets without any authorisation from the railways -- Although the internet and e-tickets were unknown in India when the Act was brought into force, this conduct of accused (who is neither a railway servant nor an authorised agent) nevertheless attracts criminality under Section 143(1)(a) of the Railways Act -- Mere fact of the system of e-reservation and e-tickets being introduced after the enactment of the Act does not render the provision in Section 143 toothless to combat the illegal sale of e-tickets – Criminal proceedings restored.
(Para 15, 19, 28)
B. Railways Act, 1989 (24 of 1989), Section 143 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Criminal proceedings against authorised agent – Quashing of -- Fraudulent activities such as supply of Tatkal e-tickets by creating multiple personal-user IDs and issuing unauthorised e-tickets procured through IRCTC website, contrary to IRCTC Rules -- Section 143 only deals with the actions of unauthorised persons and does not mandate a procedure to be followed by the authorised agents for procuring or supplying tickets to its customers – Section 143 would not be attracted insofar as he is concerned – Criminal proceedings quashed.
(Para 35, 39)