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Madhya Pradesh High Court: Authorised Agent Cannot Be Prosecuted Under Section 143 Railways Act
In a significant ruling that clarifies the scope of under the Railways Act, the has held that an authorised e-ticketing agent cannot be prosecuted under merely for using his personal user ID to book tickets instead of his authorised agent ID. Justice Himanshu Joshi quashed the criminal proceedings pending against Avinash Kumar Soni, an authorised agent running Soni Cyber Cafe in Singrauli, finding that the alleged conduct, even if accepted, did not constitute an offence under the statute.
A Case of Personal ID vs Agent ID
The
had raided Soni's cyber cafe on
, and allegedly found that two railway tickets—PNR numbers 6235889021 and 6134036107—had been issued through his personal
user ID rather than his authorised agent ID (ICTKTRP00093). Based on this, a
was filed under Section 143 of the Railways Act, which penalises
"
."
Soni, a Chartered Accountancy student and law graduate, had been an authorised
agent since
.
The 's Allegation and the Petitioner's Defense
The contended that Soni was issuing Tatkal tickets from his personal ID and carrying on business for consideration, thereby attracting the offence. They pointed to a prior complaint and seizure of electronic records. Soni's counsel, , argued that the continuation of proceedings was an , stressing that Soni was an authorised agent and there was no material to show he was an "unauthorised" person. He further highlighted discrepancies in the investigation, including the raid date and Soni's absence from the shop at the time.
Precedent Paves the Way
The High Court heavily relied on two recent decisions: and (Criminal Appeal Nos. 4169/2024 and 139-140/2025). In those cases, the held that Section 143 applies only to persons who are not railway servants or authorised agents. The apex court specifically observed that even if an authorised agent violates the terms and conditions of the agency—such as using multiple user IDs—such conduct does not attract under Section 143. The remedy lies in , not criminal prosecution.
Key Observations from the High Court
Writing the judgment, Justice Himanshu Joshi made pivotal observations that spell out the legal position:
"The allegation that such authorized agent used a personal ID contrary to the conditions imposed by may constitute a , and may invite appropriate by the competent authority, but such alleged breach by itself cannot attract under Section 143 of the Railways Act."
The court further noted that the did not allege that Soni's authorisation had been cancelled, nor did it claim he was an "." The gravamen of the complaint was merely the mode of booking—personal ID versus agent ID—which falls short of the of Section 143.
The Final Order: Quashing of Criminal Proceedings
Allowing Soni's petition under , the court quashed Criminal Case No. 233/2020 pending before the . The court held that continuing the prosecution would amount to an , as the admitted facts, read in light of precedent, disclose no offence. The implication is clear: authorised agents can face administrative or contractual consequences for breaching rules, but the criminal hammer of Section 143 is reserved for unauthorised touts, not for agents who hold valid authorisation.
