Criminal Petition No. 6561 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:22180 CRL.P No. 6561 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6561 OF 2025 BETWEEN: NAVEEN S/O SIDDEGOWDA AGED ABOUT43 YEARS, R/AT: 11/256, KANCHANAHALLI ROAD, WARD NO.11, BANNURU TOWN T NARASIPURA TALLUKU, MYSORE, KARNATAKA-571101 (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) …PETITIONER AND: 1.
Legal Reasoning
STATE OF KARNATAKA SHO CUBBON PARK P.S REP. BY SPP HIGH COURT BUILDING, BANGALORE-560001. 2. DAYANANDA M.J. AGED ABOUT 52 YEARS, R/AT: BUDAGA JANAGAMA, SPECIAL ENQUIRY, WINGS, CCB, DIPO ROAD, SHANTHINAGAR, KARNATAKA-560027. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SMT. SOWMYA R., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENTS) …RESPONDENTS THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.47/2025 DATED 18.04.2025, FOR THE OFFENCE PUNISHABLE UNDER SECTION 318(4) OF - 2 - NC: 2025:KHC:22180 CRL.P No. 6561 of 2025 HC-KAR BNS, 2023 REGISTERED IN CUBBON PARK POLICE STATION, PENDING IN THE COURT OF 41ST A.C.J.M COURT, BENGALURU CITY, AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondents. 2. In this petition, the petitioner seeks the following reliefs: “a. Quash the FIR in Crime No. 47/2025 dated 18/04/2025, for the offence punishable U/s 318(4) of BNS, 2023. registered in Cubbon Park Police Station, the Court of: 41st ACJM COURT, pending in BENGALURU CITY, against the Petitioner in the interest of Justice. b. To pass any order as this Court deems fit.” 3. A perusal of the material on record will indicate that the respondents have instituted the instant proceedings for reselling Indian Premier League (IPL) match tickets against the petitioner for - 3 - NC: 2025:KHC:22180 CRL.P No. 6561 of 2025 HC-KAR the alleged offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS, 2023’). 4. A perusal of the complaint and FIR will indicate that it is specifically alleged that the petitioner is guilty of reselling IPL match tickets at a higher price thereby being liable to be punished for the aforesaid offence. Under identical circumstances in Crl.P. No.7476/2025 disposed of on 27.05.2025, a coordinate Bench of this Court held as under: "1. Learned High Court Government Pleader accepts notice for respondent-State. 2. The petitioner is before this Court seeking for the following reliefs: "WHEREFORE, the petitioner prays that this Hon'ble may be pleased to: i. Quash the F.I.R. initiated by the respondent/Police in FIR No.0215/2025 therein, for the offence punishable under Sec.318(4) of Bharatiya Nagarika Suraksha Sanhita, 2023, pending before the 41st Addl. C.M.M COURT, Nrupatunga Road, Bengaluru, against the petitioner;" - 4 - NC: 2025:KHC:22180 CRL.P No. 6561 of 2025 HC-KAR 3. The FIR in 215/2025 has been registered by the Bellanduru Police Station on the allegation that the petitioner had purchased tickets for the Indian Premier League to be held in the Chinnaswamy Stadium, Bengaluru for a sum of Rs.1200/- per ticket and sold ten of those tickets to certain others at Rs.6,000/- per ticket and on that basis an offence under Section 318(4) the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS, 2023') is alleged against the petitioner. 4. The submission of learned counsel for the petitioner is that the petitioner had booked the tickets but due to certain unavoidable circumstances could not attend the said match and in that background he sold the tickets, there being no restriction for such sale or resale since the tickets are transferable. 5. In that regard, he relies upon the decision of the Hon'ble Punjab and Haryana High Court in MANDEEP SINGH Vs. STATE OF U.T. CHANDIGARH AND ANOTHER reported in 2015 SCC online P&H 13773 on particularly paragraph-15 thereof which is reproduced hereunder: "15. In India, there is no legal restriction against reselling match tickets. There is a restriction for transfer of some train tickets but not all of them and are non- transferable. It is not the case here that the tickets were fake. It is not the case - 5 - NC: 2025:KHC:22180 CRL.P No. 6561 of 2025 HC-KAR of the prosecution that the tickets were not transferable." 6. Relying on Mandeep Singh's case, the submission of learned counsel for the petitioner is that there being no restriction on reselling match tickets there cannot be any offence which could be said to be made out under Section 318 of the BNS, 2023. Section 318 of the BNS, 2023 is reproduced herein for easy reference induces whoever, Cheating-(1) by "318. deceiving any person, fraudulently or dishonestly the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat." 7. This aspect has been considered by the Punjab and Harayana High Court with reference to Section 420 of the IPC in Mandeep Singh's case and the Punjab and Haryana High Court has come to a conclusion that proceedings cannot be allowed to go on as it would be an abuse of process of law. 8. The very same reasoning of the Punjab and Haryana High Court would be equally applicable to the present case since there is no restriction on the sale of the such tickets. - 6 - NC: 2025:KHC:22180 CRL.P No. 6561 of 2025 HC-KAR 9. Accordingly, I pass the following:
Decision
ORDER Criminal petition is allowed. The FIR in Crime No.215/2025 i. ii. registered for offence under Section 318(4) of the BNS, 2023 on the file of the 41st Additional CMM Court, Nrupatunga Road, Bengaluru is hereby quashed." 5. As held by this Court in the aforesaid judgment, there being no restriction on reselling IPL match tickets, it cannot be said that the petitioner is guilty of the offence punishable under Section 318(4) of BNS, 2023. Under these circumstances, I am of the view that continuation of the impugned proceedings qua the petitioner would amount to abuse of process of law warranting interference in the present petition. 6. In the result, I pass the following: ORDER i. The petition is hereby allowed. ii. The FIR in Crime No.47/2025 dated 18.04.2025 registered by the respondent No.1 – Police for the - 7 - NC: 2025:KHC:22180 CRL.P No. 6561 of 2025 HC-KAR offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of XLI Additional Chief Judicial Magistrate, Bengaluru City, insofar as the petitioner/accused No.2 is concerned is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 1 Sl No.: 3