Court rules Section 143 of Railways Act, 1989 not applicable to authorized agents violating IRCTC terms
In a significant judgment, the Madhya Pradesh High Court has quashed the criminal proceedings against Avinash Kumar Soni, an authorized IRCTC e-ticketing agent, who was accused of violating Section 143 of the Railways Act, 1989. The court, presided over by Justice Himanshu Joshi, held that the provision is inapplicable to authorized agents even if they breach the terms of their authorization.
The case arose when the Railway Protection Force (RPF) alleged that Soni booked railway tickets using his personal IRCTC ID instead of his authorized agent ID. This led to charges being filed against him under Section 143, which criminalizes unauthorized business of procuring and supplying railway tickets. However, the court found that such allegations do not attract criminal liability under the said section.
The court relied on recent Supreme Court rulings, particularly in the cases of Inspector, RPF vs Mathew.k. Cherian and J. Ramesh v. Union of India, which clarified that Section 143 is intended to penalize unauthorized persons and not those who are duly authorized but may have violated contractual terms. Justice Joshi noted that Soni's status as an authorized agent was undisputed, and any alleged breach should be addressed through administrative or contractual actions, not criminal proceedings.
The judgment emphasized that continuing the prosecution would constitute an abuse of the court process, as it would subject the petitioner to trial for acts that do not legally constitute an offense under the Railways Act. The court's decision brings relief to authorized agents facing similar charges, reinforcing the principle that penal statutes must be construed strictly.
Bottom Line :
Section 143 of the Railways Act, 1989, does not apply to authorized IRCTC e-ticketing agents who are alleged to have violated terms and conditions of their authorization. Such allegations may lead to administrative or contractual actions but do not attract criminal liability under the said section.
Statutory provision(s): Section 143 of the Railways Act, 1989, Section 482 of the Criminal Procedure Code, 1973
