Karnataka High Court
Shri Narasimhamurthy vs State Of Karnataka on 2 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:23743
CRL.P No. 7979 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 7979 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SHRI NARASIMHAMURTHY
SON OF LATE NARAYANA SWAMY
AGED ABOUT 35 YEARS,
RESIDING AT NO.24, 2ND CROSS,
SINGANAPALYA, MAHADEVAPURA,
BENGALURU - 560 048.
...PETITIONER
(BY SRI. GIRIDHAR H, ADVOCATE)
AND:
1. STATE OF KARNATAKA
CUBBON PARK POLICE STATION.
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001.
2. PRABHUSWAMY
Digitally POLICE SUB INSPECTOR
signed by ASHOK NAGAR POLICE STATION
CHANDANA
BM BENGALURU - 560 001.
Location: ...RESPONDENTS
High Court
of Karnataka (BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO QUASH THE FIR DATED 24.04.2025, BEARING CRIME
NO.59/2025 SUBMITTED BY THE CUBBON PARK POLICE STATION,
BENGALURU AND PROCEEDINGS BEFORE 41ST ADDL. CMM,
BENGALURU COURT IN CRIME NO.59/2025 REGISTERED BY
RESPONDENT, FOR THE OFFENCE P/U/S. 318(4), BNS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:23743
CRL.P No. 7979 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following relief:
"WHEREOF, the petitioner respectfully prays that this Hon'ble Court be pleased to quash the First Information Report dated 24.04.2025 as Crime No.59/2025 of Cubbon Park Police Station, Bengaluru, submitted before XLL Additional Chief Judicial Magistrate, Bengaluru, registered by Respondents for the alleged commission of offence punishable under sections 318(4), Bharatiya Nyaya Sanhita, in the interest of justice".
2. Heard the learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record.
3. 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 the alleged offence punishable under Section 318(4) of 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 -3- NC: 2025:KHC:23743 CRL.P No. 7979 of 2025 HC-KAR Crl.P.No.7476/2025 disposed of on 27.05.2025, a co-ordinate 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;"
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 -4- NC: 2025:KHC:23743 CRL.P No. 7979 of 2025 HC-KAR 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 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 -5- NC: 2025:KHC:23743 CRL.P No. 7979 of 2025 HC-KAR 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.
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."
5. As held by this Court in the aforesaid judgment, there being no restriction on reselling IPL match tickets, it cannot be said -6- NC: 2025:KHC:23743 CRL.P No. 7979 of 2025 HC-KAR 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) Petition is hereby allowed.
(ii) The FIR in Crime No.59/2025 dated 24.04.2025 registered by the 1st respondent - Police for an offence punishable under Section 318(4) of BNS, 2023, pending on the file of XLI Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioner-accused No.3 is concerned is hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE Srl.