Supreme Court of India
Inspector, Railway Protection Force, Kottayam v. Mathew K Cherian & Anr.
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What the Court ordered
For the foregoing reasons, the lead appeal deserves to be allowed and consequently, the criminal proceedings against Mathew need to be restored.
Judgment, page 17
From the headnote
Issue for Consideration Whether the act of creating fake/multiple user IDs by an individual, who may or may not be an authorized railway agent, with the intention to procure and supply online tickets through IRCTC portal would constitute an offence under Section 143 of the Railways Act, 1989. Headnotes† Railways Act, 1989 – s.143 – In the first of the appeal (lead appeal), M was accused of creating fraudulent user IDs with the Indian Railway Catering and Tourism Corporation web portal to procure and peddle railway tickets for profit, without being an agent authorised to procure and supply
Authorities it was built on
- 1997 M/s. Pepsi Foods Ltd. and Anr. v. Special Judicial Magistrate and Ors.
- 2012 Amit Kapoor v. Ramesh Chander & Anr.
- 1992 State of Haryana and Ors. Etc. Etc. v. Ch. Bhajan Lal and Another Etc. Etc.
- 2019 Dharani Sugars and Chemicals Ltd. v. Union of India & Ors.
- 1982 State of West Bengal & Ors. v. Swapan Kumar Guha & Ors.
- 2009 M/s. Ansal Properties & Industries Ltd. v. State of Haryana & Anr.
- 1955 Jugalkishore Saraf v. Raw Cotton Co. Ltd.
- 1960 Sarwarlal and Others v. The State of Hyderabad
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