MATHEW K. CHERIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C is filed challenging registration of a crime against the petitioner under Section 143 (1)(a) of the Railways Act, 1989 (hereinafter referred to as Act).

(2.) The petitioner is the Managing Director of a Non Banking Finance Company registered with RBI. They provide various services to the customers. A crime has been registered against the petitioner and employees of his Company, alleging that they have created various fake user ID with the portal of IRCTC to procure and supply railway tickets to various persons. Alleging an offence as above, a crime has been registered against the petitioner as Crime No.524/2016 of Kottayam RPF Post. An occurrence report in this regard has been submitted before the Chief Judicial Magistrate Court, Kottayam, Annexure A1 is the report. The petitioner challenges Annexure A1 occurrence report alleging that no offence under Section 143 of the Act has been made out against him or his employees.

(3.) Occurrence report is similar to the First Information Report. Normally this Court would not have interfered with the occurrence report. However a statement has been filed by the 2nd respondent detailing the nature of offence committed by the petitioner. At a glance, it can be treated as a complaint against the petitioner to defend their action. The statement discloses that the petitioner created various fake user IDs in the name of different persons with the IRCTC portal to procure and supply railway tickets to travellers.