JUDGMENT :

Sanjay Kumar Dwivedi, J.

In all these three writ petitions common question of law and facts and F.I.R. are under challenge that is why all these writ petitions have been heard together with the consent of the parties.

2. Heard Mr. Prashant Pallav, learned counsel for the petitioners, Mr. Sachin Kumar, learned counsel for the respondent no. 2 and Ms. Priti Priyamda, learned counsel for the respondent nos. 2 to 4.

3. All these petitions have been filed for quashing of the F.I.R. bearing Deoghar Kunda P.S. Case No. 169 of 2022 including the entire criminal proceeding registered under sections 336, 447 and 448 of the Penal Code, 1860 and section 10 and 11A of the Aircraft Act, 1934, pending in the Court of learned Sub Divisional Magistrate, Dumka.

4. F.I.R. was registered on 02.09.2022 alleging therein that the petitioners forcibly entered the AIR Traffic Control (hereinafter referred to As ATC) and pressurized the personnel to grant him permission to take off. It has been further alleged that the Deoghar Airport is not equipped for night take-offs. The sunset on the 31st August, 2022 occurred at 6.03 P.M. In light of the aforesaid understanding, the informant has lodged the F.I.R. against the petitioners in the capacity of being the In-charge of Security of Deoghar Airport.

5. Mr. Prashant Pallav, the learned counsel for the petitioners submits that in W.P.(Cr) No. 448 of 2022 the petitioner no. 1 is Chairman of the Airport Advisory Committee of Deoghar Airport and reviews the functioning of the newly inaugurated airport. He submits that petitioner nos. 2 and 3 are the sons of petitioner no. 1 and petitioner no. 4 is also a member of the Standing Committee, Civil Aviation. The petitioner nos. 1 and 4 are the Member of Parliament from their respective constituency. He further submits that it has been alleged that the petitioners have pressurized the personnel to grant him permission to take-off flight as they have landed with a chartered flight to visit to a victim's family in the district of Dumka. He further submits that Aircraft Rules, 1937 defines flight by night and Rule 4 of Schedule II there speaks that flight by night for the purpose of this schedule, except where otherwise stated, means a flight performed between the period of half an hour after sunset and half an hour before sunrise and it has been disclosed that the flight took off at 6.17 p.m. He further submits that F.I.R. was lodged by Suman Aman, Deputy Superintendent of Police and Incharge of Security of Deoghar Airport. He submits that the petitioner in W.P.(Cr.) No. 452 of 2022 is Director, Deoghar Airport and in W.P.(Cr.) No. 463 of 2022 the petitioner no. 1 is a practicing advocate and petitioner nos. 2 and 3 are the ‘karyakartas’ (workers) for the Bhartiya Janta Party. He further submits that FIR can not be lodged under the Aircraft Act and cognizance shall be taken under section 12-B by the previous sanction of the Director General of Civil Aviation or Director General of Bureau of Civil Aviation Security or Director General of Aircraft Accidents Investigation Bureau. He further submits that in view of that section only complaint can be maintained. He refers to the definition of “complaint” under section 2(d) of the Cr. P.C. He further submits that since “complaint” only is maintainable the F.I.R. itself was abuse of process of law. He further submits that several other sections of the Act are there and Rule 45 and 46 of the Aircraft (Security) Rules, 2011 is there. He further refers to Rule 45 and 46 of the Aircraft (Security) Rules, 2011. He also refers Aircraft Rules, 1937 particularly Schedule II of Rule 4. He submits that in view of Rule 45 and 46 of the Aircraft (Security) Rules, the manner prescribed therein how incident is required to be reported due to lapse for the security reasons. He further submits that Chartered Aircraft took off at 18.17 hours and in view of Rule 4 the outer time limit was 18.33 hours. He further submits that F.I.R. has al