Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
22nd COURT, ANDHERI, MUMBAI.
ORDER BELOW EXH-01 IN C.C. NO.35/SW/2018
1. The complainant has filed complaint against CAPT. D.X. PAIS,
accused No.1 along with 9 others.
2. On going through the complaint, it is the case of complainant
that the accused No.1 is holding aircraft Type Rating license from DGCA.
It is his contention that the accused No.1 is involved in a criminal act and
there is F.I.R. against him registered at Sahar Police Station u/s. 509 &
506, 504 r/w 34 bearing F.I.R. No. 3/2014. Before applying for renewal of
license it is incumbent upon the applicant to disclose all the facts. It is
further submitted that there is a column in license form, which mandates
disclosure of criminal case, if any. In this column the accused No.1 was
supposed to disclose this fact of F.I.R. No. 3/2014 pending against him.
However, he failed to disclose this fact. Even it was brought to the notice
of the competent authority DGCA, but the DGCA also turned blind eye and
therefore under the Aircraft Rules the applicant is not qualified to hold
license.
3. In sum and substance, it is alleged that the accused No.1
along with others arraigned in the complaint joined hands and committed
criminal act for which he has filed this complaint.
4. Initially the complaint was filed u/s. 156(3) of Cr.P.C. which
was turned into complaint case u/s. 200 of Cr.P.C. and accordingly being
the accused hailing from far off places, enquiry u/s. 202 of Cr.P.C. as
mandated under law was initiated. The police in compliance to Section
202 of Cr.P.C. filed their report.
5. On perusal of the report, Exh-10 it reveals that the
complainant happens to be ex-employee of Air India Company as ‘Flight
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Personnel’, however, he was charge-sheeted for misconduct by the
company. Even he was booked under the Prevention of Insult to National
Honour Act 1971 and the charges were levelled against him and enquiry
was conducted by the department wherein he used to work, stands proved
and finally he was terminated. It is also disclosed in the report that on
account of termination, the complainant got frustrated and he is hell bent
upon filing complaint after complaint against the official staff of the
company to take revenge. It is further stated in the report that the
granting of license is sole discretion of DGCA.
6. On going through the report u/s. 202 of Cr.P.C. clubbed with
the verification statement, the complainant is invoking criminal action
against number of persons arraigned as accused, including Secretary, Civil
Aviation and Cabinet Secretary, New Delhi, just because the license was
allegedly renewed by DGCA despite knowing fact of F.I.R. against accused
No.1 and accused No.1 also concealed this fact of pending F.I.R. Here it
would not be out of place to embark upon section 18 of the Aircraft Act
1934.
Section 18 of the Aircraft Act 1934 states that -
‘
no suit, prosecution or other legal proceedings shall
lie against any person for anything in good faith done
or intended to be done under this Act ’
7. Thus, the irregularities allegedly committed by accused No.1
or for that matter by DGCA, no way invites criminal action against them,
in view of section 18 of Aircraft Act 1934. Hence, the complaint stands
dismissed u/s. 203 of the Cr.P.C.
Date:- 24.07.2024
Sd/-
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
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