VidhiSangh

Supreme Court of India · 08/01/2025

INSPECTOR, RAILWAY PROTECTION FORCE, KOTTAYAM versus MATHEW K CHERIAN & ANR.

[2025] 1 S.C.R. 498 · 2025 INSC 51

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Summary

Section 143 of the Railways Act, 1989 penalises anyone other than a railway servant or authorised agent who carries on the business of procuring and supplying railway tickets, whether physical tickets or e-tickets. The Court therefore restored the prosecution of an unauthorised person who allegedly used hundreds of fake IRCTC user IDs to sell tickets. It quashed the prosecution of an authorised agent, since Section 143 does not reach unauthorised acts of authorised agents, and creating multiple user IDs is not itself an offence under it.

Issues

  1. Whether creating fake or multiple IRCTC user IDs to procure and supply e-tickets is an offence under Section 143 of the Railways Act, 1989, given that the Act predates e-ticketing.
  2. Whether Section 143 applies to an authorised railway ticketing agent who allegedly breaches the terms of his authorisation.
  3. Whether the criminal proceedings against the two accused were liable to be quashed under Section 482 CrPC.

Provisions considered

Held

Result

Both sets of appeals allowed: the Kerala High Court's order set aside and the proceedings against the unauthorised accused restored for trial, the Court's observations not being an opinion on the merits; the Madras High Court's order set aside and the proceedings against the authorised agent quashed.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 498.