KARNATAKA HIGH COURT
SACHIN SHANKAR MAGADUM, J
SRI. VISMAYA @ VISMAY RAJ – Appellant
Versus
STATE OF KARNATAKA – Respondent
WRIT PETITION NO. 21974 OF 2025 (GM-RES)
| Table of Content |
|---|
| 1. relief sought for quashing an fir related to ticket reselling. (Para 1 , 2 , 3) |
| 2. justification for ticket resale under lawful circumstances. (Para 4 , 5 , 6) |
| 3. application of judicial precedent prohibits continuation of proceedings. (Para 7 , 8 , 9) |
ORAL ORDER
The captioned petition is filed seeking the following reliefs:
a) Issue a writ of certiorari or any other writ quash the registration of FIR and further proceedings in Crime No.52/2025 (Annexure-A) pending before the court of 6th ACJM, Bengaluru, filed against the petitioner for the alleged offence punishable U/s 318(4) of BNS, 2023 registered by the Respondent No.1 Wilson Garden Police as against the petitioner is concerned. And, b) Issue any other order or directions and such other reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice."
2. Heard the learned counsel for the petitioner and learned HCGP for the respondent. Perused the material on record.
3. The material on record indicates that the respondent/Police has initiated the present proceedings against the petitioner for the alleged offence of reselling Indian Premier League (IPL) match tickets, said to be punishable under Section 318(4) of BNS, 2023.
4. A perusal of the complaint and FIR reveals that it is specifically alleged that the petitioner was engaged in reselling IPL match tickets at a price higher than the face value and is, therefore, liable for prosecution under the aforesaid provisions. In identical circumstances, in Crl.P.No.7476/2025, disposed of on 27.05.2025, a co-
ordinate Bench of this Court has held as under:
"1. Learned High Court Government Pleader accepts notice for respondent-State.
2. The petitioner is before this Court seeking for the following reliefs:
"WHEREFORE, the petitioner prays that this Hon'ble may be pleased to:
i. Quash the F.I.R. initiated by the respondent/Police in FIR No.0215/2025 therein, for the offence punishable under Sec.318(4) of Bharatiya Nagarika Suraksha Sanhita , 2023, pending before the 41st Addl. C.M.M COURT, Nrupatunga Road, Bengaluru, against the petitioner;"
3. The FIR in 215/2025 has been registered by the Bellanduru Police Station on the allegation that the petitioner had purchased tickets for the Indian Premier League to be held in the Chinnaswamy Stadium, Bengaluru for a sum of Rs.1200/- per ticket and sold ten of those tickets to certain others at Rs.6,000/- per ticket and on that basis an offence under Section 318(4) the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS, 2023') is alleged against the petitioner.
4. The submission of learned counsel for the petitioner is that the petitioner had booked the tickets but due to certain unavoidable circumstances could not attend the said match and in that background he sold the tickets, there being no restriction for such sale or resale since the tickets are transferable.
5. In that regard, he relies upon the decision of the Hon'ble Punjab and Haryana High Court in MANDEEP SINGH Vs. STATE OF U.T. CHANDIGARH AND ANOTHER reported in 2015 SCC online P&H 13773 on particularly paragraph-15 thereof which is reproduced hereunder:
"15. In India, there is no legal restriction against reselling match tickets. There is a restriction for transfer of some train tickets but not all of them and are non- transferable. It is not the case here that the tickets were fake. It is not the case of the prosecution that the tickets were not transferable."
6. Relying on Mandeep Singh's case, the submission of learned counsel for the petitioner is that there being no restriction on reselling match tickets there cannot be any offence which could be said to be made out under Section 318 of the BNS, 2023. Section 318 of the BNS, 2023 is reproduced herein for easy reference "318. Cheating-(1) whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any
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