VidhiSangh

Supreme Court of India · 21/01/2025

STATE OF JHARKHAND versus DR. NISHKANT DUBEY & ORS.

[2025] 1 S.C.R. 1909 · 2025 INSC 94

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Summary

The Supreme Court upheld the quashing of an FIR against two Members of Parliament and others for allegedly pressuring air traffic control officials at Deoghar Airport to clear a take-off, holding that the FIR did not make out offences under Sections 336, 447 or 448 IPC, and that offences under the Aircraft Act, 1934 can be taken cognizance of only on a complaint by or with sanction of the authorities named in Section 12B, so the police could only forward their material to such an authorised officer.

Issues

  1. Whether the allegations in the FIR, taken at face value, made out offences under Sections 336, 447 and 448 IPC.
  2. Whether, in view of Section 12B of the Aircraft Act, 1934, the local police could proceed on an FIR for offences under that Act, and what course remained open to the State.

Provisions considered

Held

Result

Appeals by the State of Jharkhand dismissed, with liberty to forward the material collected during investigation within four weeks to the officer authorised under the Aircraft Act, 1934, who will decide in accordance with law whether a complaint should be filed.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1909.