Supreme Court: In an appeal by the State against Jharkhand High Court’s decision, quashing FIR against Members of Parliament Nishikant Dubey and Manoj Tiwari, and other persons in 2022 Deoghar Airport incident, the Division Bench of Abhay S. Oka and Manmohan, JJ. dismissed the appeal and upheld the High Court’s decision.
A First Information Report (FIR) was registered on 02-09-2022 alleging therein that the accused persons including Nishikant Dubey and Manoj Tiwari forcibly entered the AIR Traffic Control (ATC) and pressurized the personnel to permit for night take off. The Deoghar Airport is not equipped for night take-offs. The High Court in Nishkant Dubey v. State of Jharkhand, 2023 SCC OnLine Jhar 304 quashed the FIR considering that the Aircraft took off after permission of the ATC. The High Court said that the Aircraft Act, 1934 is itself a complete code and there are procedures prescribed therein to lodge the complaint and of the enquiry. The High Court stated that the competent authority had not complained about anything and that even the Airport Director and the two sons of Nishikant Dubey were accused.
Hence, the High Court opined that the FIR was lodged malafidely and allowing to continue the proceeding would amount to the abuse of the process of law, accordingly, the FIR including the entire criminal proceeding registered under Sections 336, 447, and 448 of the Penal Code, 1860 and Section 10 and 11-A of the Aircraft Act, 1934, pending in the Court of the Divisional Magistrate, Dumka, were quashed.
Source: Press
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