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2024 Supreme(Pat) 311

BIBEK CHAUDHURI
Puja Travels Hotel Paradise Basement, Near Patna Junction Through Its Proprietor Manoj Kumar(Male) – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Prashant Kashyap, Advocate
For the Respondents: Dr. K.N. Singh, ASG

Judgement Key Points

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]


To,
The Hon’ble Court
[Name of the Court]
[Address of the Court]

Subject: Application for Acquittal in Case of Criminal Proceedings under Section 143 of the Indian Railways Act

Respected Sir/Madam,

I, [Your Name], the accused in the matter pertaining to the criminal proceedings initiated against me under Section 143 of the Indian Railways Act, hereby submit this application for acquittal on the grounds detailed below, which are supported by relevant legal principles and judicial pronouncements.

  1. Lack of Jurisdiction of the Railway Protection Force (RPF):
    The proceedings against me are based on raids conducted by the RPF outside the defined passenger area, which includes only the railway platform, train, yard, and such other areas frequently visited by passengers. The offices of the petitioner are situated outside these areas and do not fall within the jurisdiction of the RPF. The raids conducted in these offices are therefore illegal and beyond the statutory powers conferred upon the RPF (!) (!) (!) .

  2. Inapplicability of Section 143 of the Indian Railways Act:
    Section 143 of the Indian Railways Act is a penal provision that applies solely to unauthorized persons carrying on the business of procuring and supplying railway tickets. As the accused, I am an authorized agent of IRCTC and operate under the terms and conditions of the IRCTC agreement, which explicitly delineate penalties for misconduct. The provisions of the IRCTC agreement and the terms and conditions clearly specify that any irregular activity should be reported to IRCTC for appropriate action, and the RPF's role is to forward such allegations, not to conduct raids or initiate prosecutions (!) (!) .

  3. Violation of Legal Procedures and Constitutional Rights:
    The arrest and subsequent proceedings violate the guidelines laid down by the Supreme Court regarding the procedure for arrest, including mandatory safeguards under the Criminal Procedure Code. No specific complaint from passengers or evidence of illegal activity within the passenger area has been established against me. The raids were conducted without proper jurisdiction, without following due process, and in violation of my fundamental rights guaranteed under the Constitution (!) (!) (!) .

  4. Illegality of the Proceedings and Seizure:
    The search, seizure, and prosecution initiated under Section 143 are illegal as they are based on raids outside the passenger area, which is not authorized by law. The entire activity of the RPF in this context is held to be illegal and void ab initio, rendering the proceedings against me invalid (!) (!) .

In light of the above, I respectfully request this Hon’ble Court to:

  • Acquit me of all charges under Section 143 of the Indian Railways Act.
  • Quash all criminal proceedings initiated against me.
  • Pass any further order deemed fit and proper in the interest of justice.

Thanking you,

Yours sincerely,

[Your Name]
[Signature]


JUDGMENT :

BIBEK CHAUDHURI, J.

The petitioners are proprietorship travel agents.

Petitioners No. 1, 2, and 3 are primarily authorized rail e-ticket agents of IRCTC. The rest travel agencies are further authorized by the petitioner no. 01, 02, and 03 travel agents as their Retail Service Proprietor (RSP) to book the railway e-tickets and manual tickets. Thus, all the petitioners are performing their duties as Principle Service Provider (PSP) or Retail Service Provider for sale and advance booking of Railway e-tickets. They have their centers for e-ticketing at their respective offices outside the premises of Patna Railway Station and Rajendra Nagar Railway Station.

2. The petitioners have jointly filed the instant writ petition praying for the issuance of appropriate raids thereby, prohibiting the Railway Protection Force (RPF) deployed in Patna Junction, Danapur Junction, and Rajendra Nagar Terminal from conducting illegal raids outside their jurisdictional limits, search, and seizures without obtaining consent and giving pre-raid information to the local police station within whose jurisdiction the offices of respective travel agents were situated. The petitioners. The petitioners hav

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