Bengaluru, Sep 6: The Karnataka High Court has dismissed criminal proceedings against an IIT graduate and startup founder, who developed a software tool that significantly reduced the time required to book railway Tatkal tickets.
Gaurav Dhake, who was charged under Section 143 of the Railways Act for allegedly illegally procuring and distributing railway tickets, saw the case against him quashed by a single judge bench of Justice M Nagaprasanna.
The court ruled that Dhake's creation of a browser extension, which reduced the typical Tatkal booking time from five-seven minutes to just 45 seconds, did not constitute a violation of the Railways Act.
The software tool, which auto-filled the traveler's details to expedite the booking process on the IRCTC website, was initially offered for free. However, in February 2020, Dhake limited its use to 10 bookings per day to prevent bulk ticketing by agents and began charging Rs 30 per booking for "authenticity."
The Railways issued a notice to Dhake in September 2020, leading to the registration of a criminal case against him.
The Railways Protection Force (RPF) argued that Dhake had made over Rs 12 lakh in profits from the software, but the court found no evidence of illegal ticket procurement or supply, essential elements to justify charges under Section 143 of the Railways Act.
"The petitioner has not indulged in the unauthorised business of procuring or distributing railway tickets," the court noted, dismissing the charges as an "abuse of process."
Justice Nagaprasanna also referenced a 2016 Kerala High Court judgment in a similar case, stating that the facts of Dhake’s case did not warrant the continuation of legal proceedings.
Dhake had argued that his tool merely expedited the booking process for public benefit and was not intended for illegal use.
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Mumbai (PTI): The Bombay High Court on Monday refused to release Mihir Shah, the main accused in a BMW hit-and-run case, on the ground of "illegal" arrest.
Shah, the 24-year-old son of a former Shiv Sena leader, and his driver Rajrishi Bidawat had filed petitions in the HC claiming they have been illegally detained and sought immediate release.
Shah was arrested on July 9, two days after he allegedly rammed his BMW car into a two-wheeler in Mumbai's Worli area, killing 45-year-old woman Kaveri Nakhwa and leaving her husband Pradeep injured.
His driver Bidawat, who was also present in the car at the time of the accident, was arrested on the day of the incident.
As per their pleas, the police had not informed them the grounds of their arrest at the time, which they claimed was in violation of the law.
A division bench of Justices Bharati Dangre and Manjusha Deshpande on Monday dismissed the petitions.
"Both the petitions are dismissed," the court said.
The duo sought their release, claiming any further detention would be in utter violation of the constitutional mandate and a failure to comply with Section 50 of the Code of Criminal Procedure.
Under this section, the police, while arresting a person, have to communicate to him/her full particulars of the offence for which he/she is being arrested or other grounds for such arrest.
Both Shah and Bidawat are presently in judicial custody.
In their habeas corpus (produce the person) petitions filed in the HC in August, Shah and Bidawat claimed their detention was illegal and sought that they be released immediately.
Shah, in the plea, sought quashing of the orders passed by a local court remanding him first in police custody and then judicial custody.
He also sought for his arrest to be declared as illegal.
Shah is accused of speeding off towards the Bandra Worli Sea Link after the accident, even as the woman remained on the bonnet of the car and then got entangled in its wheels, for a distance of more than 1.5 kilometres.
As per police, Shah, who fled from the scene, was under the influence of alcohol at the time.
Mihir Shah's father and former Shiv Sena leader Rajesh Shah had also been arrested in the case, but was later granted bail.