Karnataka HC quashes criminal case against startup founder

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 stating that the facts of Dhake's case did not warrant the continuation of legal proceedings.