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

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

Section 143 of the Railways Act, 1989, by its plain language, penalises any person who is not a railway servant or an authorised agent from carrying on the business of procuring and supplying railway tickets; the provision does not limit the mode of procurement or supply and therefore applies to unauthorised online...

Source-derived case information.

Parties
Appellant: Inspector, Railway Protection Force, Kottayam; Respondent: Mathew K. Cherian; Respondent (connected Appeals): J. Ramesh
Jurisdiction
India
Judgment Date
08 January 2025
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From High Court Orders Quashing/refusing to Quash Criminal Proceedings Under Section 143, Railways Act, 1989
Outcome
Appeals allowed
Legal Topics
Section 143 Railways Act, Unauthorised Business of Procuring and Supplying Tickets, E Ticketing and Online Ticket Procurement, Authorised Agents Vs Unauthorised Persons, Quashing of Criminal Proceedings
Railways Act, 1989 Criminal Law Statutory Interpretation Administrative/regulatory Law Section 143 Railways Act Unauthorised Business of Procuring and Supplying Tickets E Ticketing and Online Ticket Procurement Authorised Agents Vs Unauthorised Persons +1 more

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Parties

Inspector, Railway Protection Force, Kottayam

Appellant

Mathew K. Cherian

Respondent

J. Ramesh

Respondent (connected Appeals)

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From High Court Orders Quashing/refusing to Quash Criminal Proceedings Under Section 143, Railways Act, 1989

Legal Issues

  1. 1 Whether creating fake or multiple user IDs to procure and supply online railway tickets through IRCTC constitutes an offence under Section 143 of the Railways Act, 1989
  2. 2 Whether criminal proceedings under Section 143 should be quashed against the accuseds given the facts (one unauthorised, one authorised agent)

Ratio Decidendi

Section 143 of the Railways Act, 1989, by its plain language, penalises any person who is not a railway servant or an authorised agent from carrying on the business of procuring and supplying railway tickets; the provision does not limit the mode of procurement or supply and therefore applies to unauthorised online procurement and supply of e-tickets; consequently, proceedings against an unauthorised person (Mathew) cannot be quashed, whereas an authorised agent (Ramesh) cannot be proceeded against under Section 143 for alleged breaches of authorisation or contractual terms and thus proceedings against him are quashed.

Court Disposition

Appeals allowed

Orders

  • Criminal proceedings against Mathew K. Cherian restored and directed to proceed in accordance with law
  • Criminal proceedings against J. Ramesh quashed