Karnataka High Court quashes criminal proceeding against pilot in Jakkur Aerodrome aircraft accident

The High Court of Karnataka quashed a criminal case registered against a 50-year-old pilot in an aircraft accident on the runway of Jakkur Aerodrome in 2022.

The court said that both the registration of FIR by the jurisdictional police based on a complaint by secretary, Government Flying Training School (GFTS), Jakkur Aerodrome, and the cognisance of offence taken by the metropolitan magistrate were without authority of law as no prior sanction was accorded by the competent authority.

Aircraft Act

The mandate of Section 12B of the Aircraft Act, 1934,says courts can take cognisance of offences under the act only on the complaint made by or with the previous sanction in writing by the Director General of Civil Aviation or Director General of Bureau of Civil Aviation Security or Director General of Aircraft Accidents Investigation Bureau, the High Court pointed out.

Justice M. Nagaprasanna passed order while allowing a petition filed by Akash Jaiswal. The petitioner was flying aircraft ‘VT-ETU Cessna C185’, which belonged to M/s Agni Aero Sports Adventure Academy Pvt. Ltd. along with a co-passenger on April 17, 2022, when the accident occurred.

How it happened

The pilot had flown the aircraft many a times on that day before the accident, during which the aircraft veered and toppled during take off. The secretary of GFTS had lodged the complaint alleging that accident occurred due to the negligence of the pilot claiming that there was ‘no obstruction’ on the runway.

The court quashed the case while observing that continuing criminal proceedings against the petitioner would amount to abuse of the process of the law and result in miscarriage of justice.

Published - October 29, 2024 09:07 pm IST