Rajiv Ranjan v. Union Of India & ORS

Ct. No. 13 W.P.A. 5211 of 2020 with I.A. No.: CAN 1 of 2020 (Old No. CAN 3777 of 2020) AN 16.09.2020 (Via Video Conference) Rajiv Ranjan -vs.- Union of India & Ors.

Mr. Shayak Chakraborty Md. Zohaib Rauf Mr. Rameez Alam ... for the petitioner Mr. T. Tiwari ... for the U.O.I.

Mr. B. Ghosh ... for the respondent No. 2 Mr. D. Saha ... for the respondent No. 4 The principal grievance of the petitioner is that his A.E.P. License i.e. Aerodrome Entry Permit has been revoked and not issued afresh in view of a chargesheet filed against him dated 17.06.2019 under the provisions of Section 376 read with Section 417 of the Indian Penal Code. The case is pending before the learned Chief Judicial Magistrate, Alipore, South 24 Parganas. The petitioner submits that he has filed a revisional application before this Hon'ble Court being CRR 465/2020 and the proceedings have been stayed on 12.02.2020 by a Coordinate Bench of this Bench. The Court observed that the case made out in the chargesheet is absolutely incredulous and that the act complained of could not have happened without the

consent of the complainant.

While it is true that the proceedings have been stayed but since the authority to issue the A.E.P. is located in Bangalore under the jurisdiction of the Karnataka High Court, no relief can be granted to the petitioner in the instant writ application.

With the above observations, the writ petition is dismissed with liberty to the petitioner to move before the appropriate High Court on the self-same cause of action. Consequently, the connected application also stands disposed of.

There will be no order as to costs.

All parties shall act on the Web copy of this Order accordingly.

(Rajasekhar Mantha, J.)