Reselling match tickets is not legally restricted in India; therefore, such an act does not amount to cheating under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMPLAINT FILED BY RESPONDENT NO.2 BEFORE RESPONDENT NO.1-POLICE DATED 24.04.2025 VIDE ANNEXURES-A AND B AND ETC.,

THIS PETITION IS COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard the learned counsel Sri. Shrirama Adiga, appearing for the petitioner, Sri.B.N.Jagadeesha, learned Additional SPP appearing for respondents and have perused the material on record.

2. The petitioner is before this Court, seeking the following prayer:

"WHEREFORE, the Petitioners most humbly pray that this Hon'ble court may kindly be pleased to :

a. Issue a Writ of Certiorari Quash the complaint filed by Respondent No.2 before the Respondent No.1 police dated 24.04.2025. vide Annexure-A and

b. Issue a Writ of Certiorari for quash the First Information Report, filed by the Respondent No. 1 in Cr No. 59/2025 against the petitioners by the 1st Respondent Police dated 24.04.2025 for offences punishable u/s. 318(4) of BNS 2023 pending on the file of XLI ACJM, at Bengaluru vide Annexure-B and;

c. Issue a Writ of Certiorari to quash Charge Sheet in C.C No 43921/2025 on the file of XLI ACJM, at Bengaluru vide Annexure-C

d. Issue any other order or direction as this Hon'ble Court deems fit and proper under the facts and circumstances of this case to meet the ends of Justice."

3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.7476/2025 disposed on 27.05.2025, wherein it has held as follows:

"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 fo