IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE S.MANU THURSDAY, THE 27^TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946 CRL.MC NO. 3290 OF 2020 Crime No.967/2019 of Railway Protection Force, Aluva onthe files of the Chief Judicial Magistrate Court, Ernakulam PETITIONER/ACCUSED:

AFEEFA KADIR AGED 32 YEARS W/O.MUHAMMED V. RAFI, RESIDING AT NAJTTUKALA HOUSE, ASAMANOOR P. O., KUNATTHUNADU, ERNAKULAM, PIN - 683 549.

BY ADVS.

SHAJI CHIRAYATH SMT.JIJI M. VARKEY SMT.G.SAVITHA SRI.M.M.SHAJAHAN SMT.BHOOMIKA SAJAN RESPONDENTS/STATE & DE FACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682 031.

2 ASSISTANT SUB INSPECTOR OF POLICE RAILWAY PROTECTION FORCE, ALUVA, ERNAKULAM DISTRICT, PIN - 683 101.

R2 BY ADV Mr.C.DINESH, CGC OTHER PRESENT:

R1 BY SMT.MAYA M.N., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

20.02.2025, THE COURT ON 27.02.2025 PASSED THE FOLLOWING:

[CR]

S.MANU, J.

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Crl.M.C.No.3290 of 2020 -------------------------------------------------

Dated this the 27^th day of February, 2025

ORDER

This Crl.M.C. is filed, seeking to quash proceedings in Crime No.967/2019 of Railway Protection Force (RPF) Post, Aluva. A significant question brought up in this case is regarding the applicability of the provisions of S.143 of the Railways Act in sale of e-tickets through online platforms.

2. On 24.09.2019, the Assistant Sub Inspector, RPF Crime Intelligence Branch, Thiruvananthapruam, obtained a search warrant and conducted search on 25.09.2019 at 'Fly Image Tours and Travels’ Asamanoor.P.O., Odakali, Ernakulam. Petitioner, the owner of the establishment, was available at the shop. Search was conducted in the presence of two independent witnesses between 12.30 and 14.00 hours. During the search, a laptop of the petitioner was inspected and 5 numbers of valid reservation e-tickets having a total value of ₹5382.85 and 11 numbers of date of journey expired reservation e-tickets of a total value of ₹13478.47 were recovered from it. Two numbers of copies of IRCTC personnel user profile ids, a laptop, a mobile phone and 3 numbers of visiting cards of the shop were recovered. As the petitioner had no authorisation from the Railway administration and IRCTC for selling tickets, seizure was effected and search list was properly prepared and attested by witnesses. The petitioner was interrogated and she allegedly admitted that e-tickets were booked and sold for monetary benefits. She was arrested and was brought to the RPF Post, Aluva at 17.00 hours. The arrested accused, seized articles and documents were handed over to the RPF Post. Petitioner was produced before the Chief Judicial Magistrate, Ernakulam and was released on bail.

3. On 21.7.2020 when the Crl.M.C. came up for admission, by order passed in Crl.M.A.No.1/2020, further proceedings were stayed for a period of two months. Interim order was extended from time to time and it remained in force till June, 2024. However, there was no proper notice to the 2^nd respondent as evident from the proceedings. The learned Senior Central Government Counsel appearing for the 2^nd respondent pointed out that notice was not served on the counsel representing the Railway and the 2^nd respondent came to know about the pendency of the Crl.M.C. only when an intimation was received from the office of the Advocate General. Before receipt of the said intimation, investigation was completed and complaint was filed.

4. The petitioner applied for amending the Crl.M.C. to incorporate challenge against the complaint filed by the RPF. The application was allowed and the learned counsel for the petitioner and the learned Senior Central Government Counsel addressed arguments with reference to the complaint produced as Annexure-A3 also.

5. The learned counsel for the petitioner Sri.Shaji Chirayath submitted that the registration of the case and all further proceedings as aga