- 1 - HC-KAR NC: 2025:KHC:36388 CRL.P No. 11578 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11578 OF 2025 BETWEEN: 1. VINAY @ VINAY JAIN S/O.KAMLESH KUMAR AGED ABOUT 22 YEARS R/A NO.6, 2ND FLOOR BATA COMPLEX, FRAZER TOWN BANGALORE-560 005. …PETITIONER (BY SRI. UDAYA PRAKASH M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY YESHWANTHPURA P.S REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36388 CRL.P No. 11578 of 2025 2. DAYANAND M.J, SPECIAL ENQUIRY CCB BENGALURU CITY. BMTC BUS DEPO ROAD SHANTHI NAGAR BENGLAURU 560 027. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1) CRL.P IS FILED U/S 482 CR.PC TO QUASH THE ENTIRE CHARGESHEET IN C.C.NO.23388/2025 PENDING ON THE FILE OF 1ST A.C.J.M, BANGALORE ARISING OUT OF IN CR.NO.0139/2025 REGISTERED BY TEH YESHWANTHPURA P.S. FOR THE OFFENCES P/U/S. 318(4) OF BNSS ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36388 CRL.P No. 11578 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking the following reliefs: a) Quash the entire Chargesheet in C.C.No.23388/2025 pending on the file of 1st Additional Chief Judicial Magistrate, Bangalore, arising out of in Crime No.139/2025 registered by the Yeshwanthpura PS, for the offences punishable under Sections 318(4) of Bharatiya Nagarik Suraksha Sanhita Annexure-A. b) Pass such other order as deemed fit in view of the facts and circumstances of the case in the interest of justice. 2. I have heard the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader representing the respondent–State. I have also carefully perused the material available on record. 3. The material placed before this Court discloses that the respondent–Police have initiated criminal - 4 - HC-KAR NC: 2025:KHC:36388 CRL.P No. 11578 of 2025 proceedings against the petitioner for the alleged offence of reselling tickets for Indian Premier League (IPL) matches at a price higher than their face value, an act said to be punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. 4. A close examination of the complaint and the First Information Report indicates that specific allegations have been levelled against the petitioner to the effect that he was engaged in reselling IPL match tickets for monetary gain, over and above the printed price. On that premise, prosecution has been launched invoking Section 318(4) of the BNS, 2023. 5. It is pertinent to note that, in an identical fact situation, a Co-ordinate Bench of this Court, while disposing of Criminal Petition No.7476/2025 by order dated 27.05.2025, has observed as follows: "1. Learned High Court Government Pleader accepts notice for respondent-State. - 5 - HC-KAR NC: 2025:KHC:36388 CRL.P No. 11578 of 2025 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;" 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. - 6 - HC-KAR NC: 2025:KHC:36388 CRL.P No. 11578 of 2025 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 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 - 7 - HC-KAR NC: 2025:KHC:36388 CRL.P No. 11578 of 2025 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 "318. Cheating-(1) whoever, by deceiving any person, fraudulently or dishonestly induces 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 - HC-KAR NC: 2025:KHC:36388 CRL.P No. 11578 of 2025 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. 9. Accordingly, I pass the following: ORDER i. Criminal petition is allowed. ii. The FIR in Crime No.215/2025 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." 6. As held by this Court in the aforesaid judgment rendered by the Co-ordinate Bench, in the absence of any express statutory restriction or prohibition on the resale of IPL match tickets, the basic ingredients constituting an offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, are not satisfied. The provision contemplates penal consequences only where the act complained of falls within the mischief defined by the statute. The mere act of reselling a validly purchased ticket, in the absence of a specific legal bar or regulatory - 9 - HC-KAR NC: 2025:KHC:36388 CRL.P No. 11578 of 2025 prohibition, cannot, by itself, be construed as an offence within the meaning of the said section. 7. In the light of the above settled position, and on a careful consideration of the allegations in the complaint and the FIR, this Court is of the considered view that the continuation of the criminal proceedings against the present petitioner would be wholly unsustainable in law. Permitting the prosecution to proceed, despite the absence of the essential ingredients of the alleged offence, would amount to an abuse of the process of the Court and would result in unnecessary harassment to the petitioner. Hence, the circumstances warrant interference by this Court in exercise of its inherent jurisdiction. 8. Accordingly, this Court proceeds to pass the following: ORDER i. The Criminal Petition is hereby allowed. - 10 - HC-KAR NC: 2025:KHC:36388 CRL.P No. 11578 of 2025 ii. The First Information Report in Crime No.139/2025 registered by the respondent–Police for the alleged offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, pending on the file of the I Additional Chief Judicial Magistrate, Bangalore, insofar as it concerns the petitioner/accused No.3, is hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SSB