Karnataka HC Quashes Proceedings U/S 143 Railways Act Against The Software Developer Of ‘Tatkalforsure’
The Karnataka High Court quashed criminal charges against an entrepreneur accused by the railways of illegally procuring and supplying e-tickets through his software extension "Tatkalforsure”.
The Bench quashed the order of the magistrate taking cognizance against an IIT graduate and entrepreneur (petitioner), accused of violating Section 143 of the Railways Act, 1989 (the Act). It was alleged that the petitioner’s software tool facilitated unauthorised procurement and distribution of e-railway tickets.
The Court held that the petitioner had neither procured nor supplied tickets because the petitioner had only created an extension to the IRCTC website which would speed up the process of securing Tatkal confirmation of potential travellers from 7 minutes to a reduced time of 40 seconds.
A Single Bench of Justice M. Nagaprasanna observed, “The petitioner has neither procured nor supplied tickets. All that the petitioner has done was creation of an extension to the IRCTC website. That extension would speed up the process of securing Tatkal confirmation of those potential traveller and the period of 7 minutes is said to have been reduced to 40 seconds. It would undoubtedly benefit all the public. Unless the ingredients of Section 143 are met, the crime itself could not have been registered.”
Advocate Rohan Kothari appeared for the petitioner, while Advocate Ajay Prabhu M represented the respondents.
The Court noted that the petitioner had generated a software tool to help the public struggling to get their Tatkal tickets booked through the IRCTC website. The software developed by the petitioner reduced the time of issuance of a confirmed Tatkal ticket to 45 seconds as the software tool would fill up the consumer details within seconds.
“The petitioner neither purchases, sells or attempts to purchase tickets of the railways. It is only those persons who unauthorisedly carry on the business of procuring and supplying tickets for travel on a railway would become open to punishment for offence punishable under Section 143 of the Act. The petitioner has not indulged in unauthorized carrying on of business of procuring and supplying of railway tickets,” the Bench observed.
The Bench noted that to prevent the misuse of the software tool by unauthorized persons for booking bulk tickets, the petitioner would restrict them to ten tickets in a month and built a security system that would block those accounts which would indulge in bulk ticketing points and to provide any authenticity he began to charge Rs. 30/- per ticket.
Section 143 of the Act prohibits unauthorised businesses from procuring and supplying railway tickets. If any person who is not a Railway servant or agent carrying on the business of procuring and supplying the tickets without permission it would become an offence punishable under Section 143 of the Act.
“It would undoubtedly benefit all the public. Unless the ingredients of Section 143 are met, the crime itself could not have been registered. The Railway Police did not file their final report despite passage of 3 years,” the Court remarked.
Consequently, the Court held, “Therefore, finding no warrant to permit continuance of the proceedings against the petitioner, I deem it appropriate to exercise my jurisdiction under Section 482 of the Cr.P.C., and obliterate the crime against the petitioner.”
Accordingly, the High Court allowed the petition.
Cause Title: Gaurav Dahake v. The Union of India
Petitioner: Advocates Rohan Kothari and Sathvik Upadhya
Respondent: Advocate Ajay Prabhu M