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DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Inspector, Railway Protection Force, Kottayam – Appellant
Versus
Mathew K. Cherian – Respondent
JUDGMENT :
DIPANKAR DATTA J.
INTRODUCTION
1. Common question of law touching interpretation of Section 143 of the Railways Act, 19891 [the Act] is involved in these appeals by special leave; hence, we propose to decide the same by this common judgment.
2. In the first of the two sets of appeals2 [the lead appeal] the judgment and order3 [in Criminal Miscellaneous Case No. 1991/2016 dated 22.09.2016] of the High Court of Kerala at Ernakulum4 [Kerala High Court] is assailed whereby criminal proceedings under Section 143 of the Act launched against the first respondent-Mathew K. Cheriian5 [Mathew] was quashed.
3. In the connected appeals, the appellant - J. Ramesh6 [Ramesh] has assailed the judgment and order7 [Crl. O.P. No. 18701/2020, 18703/2020 and Crl. MP. Nos. 7328/2020, 7329/2020] of the High Court of Judicature at Madras8 [Madras High Court] refusing to quash the criminal proceedings launched against Ramesh under Section 143 of the Act.
FACTUAL MATRIX
4. The factual scenario of the two sets of appeals are not too complicated. The facts which are germane are noted as a precursor to our discussion.
5. The prosecution case in the lead appeal is that on 11.03.2016, on reliable informat
(1) Unauthorised business of procuring and supplying railway e-tickets – Section 143 of Railways Act, 1989, has been enacted to tackle a social crime – Section 143 penalises actions of only unauthori....
Unauthorized procurement or supply of railway tickets under Section 143 requires clear evidence of such actions, which was absent in this case.
The unauthorized sale of e-tickets through online platforms is prohibited under Section 143 of the Railways Act, covering both physical and online ticket sales.
Authorized agents of IRCTC cannot be prosecuted under Section 143 of the Indian Railways Act for actions taken within the scope of their authorization, and the jurisdiction of the Railway Protection ....
The main legal point established in the judgment is the application of legal provisions to determine the lack of prima facie evidence for the alleged offenses, leading to the quashing of the proceedi....
Seizure of unauthorized Railway tickets – Order taking cognizance must reflect application of judicial mind by Magistrate.
The absence of independent witnesses during the seizure process significantly impacted the prosecution's case, leading the court to modify the initial sentencing to a fine only.
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