Aircraft Act, 1934 – Aircraft Act, 1934 as well as the Rules framed thereunder [including Rule 14(ix) of Airport (Security) Rules, 2011] is a complete Code which deals with safety and security of civil aviation and aerodrome. The Aircraft Act, 1934 also prescribes a special procedure for taking cognizance of any offence punishable under the Aircraft Act, 1934 i.e, the complaint must be made by or with the prior sanction of the Aviation authorities. Section 12B is in the nature of a pre-condition for taking cognizance by a Court- as a complaint can be made/filed by an authorised officer alone under the Special Act i.e. the Aircrafts Act, 1934, before the concerned Court, the local police can only forward the material collected by it during the investigation to such authorised officer. It shall be open to the authorised officer to take a decision in accordance with law with regard to filing or non-filing of a complaint (Para 39-41)
Code of Criminal Procedure 1973 – Section 482 – In exercise of the extraordinary power under Article 226 of the Constitution of India or the inherent powers under Section 482 of the Code, it is open to the High Court to quash an FIR either to prevent abuse of the process of any Court or otherwise to secure the ends of justice- An FIR can be quashed if the allegations made in the FIR or the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused or where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings. (Para 30)
Indian Penal Code 1860 – Section 336 – Section 336 IPC seeks to punish a person who does an act rashly or negligently and endangers human life or personal safety of others. To attract Section 336 IPC, the prosecution must allege that the accused did the act in question; that it was done rashly or negligently and that it was such as to endanger the life or personal safety of others. (Para 33)
Indian Penal Code 1860 – Section 441,447 – Every trespass by itself is not criminal. To constitute criminal trespass the prosecution has to allege that the trespass was committed with one of the intents enumerated in Section 441 IPC. Accordingly, the prosecution has to prove that the complainant had possession of the property in question and that the accused entered into or upon the property; or after having lawfully entered unlawfully remained there with the intention (a) to commit an offence; or (b) to intimidate, insult, or annoy the person in possession. In the absence of any such allegation, the offence under Section 441/447 IPC cannot be sustained. (Para 35)
Indian Penal Code 1860 – Section 448– ATC office is not a place used as a human dwelling or a place of worship or a place for the custody of goods, the ingredients of Section 448 IPC are not attracted to the present case (Para 37)