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M. NAGAPRASANNA
Gaurav Dahake S/o Madhukarlaxman Dahake – Appellant
Versus
Union Of India – Respondent
ORDER :
The petitioner is before this Court calling in question an order dated 31-10-2023 passed by the XXXV Additional Chief Metropolitan Magistrate/Special Metropolitan Magistrate (Railways), Bangalore in C.C.No.3401 of 2023 taking cognizance of the offence punishable under Section 143 of the Railways Act, 1989 (‘the Act’ for short).
2. Heard Sri Rohan Kothari, learned counsel appearing for the petitioner and Sri Ajay Prabhu M., learned counsel appearing for the respondent.
3. Facts, in Brief, germane are as follows:-
The petitioner claims to be an IIT Graduate from IIT Kharagpur with a deep passion for entrepreneurship. The petitioner begins a start up called ‘buyhatke.com’ to help consumers save money during online transaction by serving as a product price comparison online browser extension. The petitioner subsequently in the month of August 2017 develops a software tool called ‘Tatkalforsure’ which auto fills the details of travellers intending to book Tatkal tickets on official IRCTC website. The Indian Railways had just then developed and promoted the concept of IRCTC Tatkal tickets which are limited tickets reserved solely for last minute ticket bookings and change of plans of
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.
(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....
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 main legal point established in the judgment is that at the stage of taking cognizance, the court is only required to determine if an offence is made out, and the order should reflect application....
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