Om Vidyalankar Shikshan Sanstha’s

ASMITA COLLEGE OF LAW

PRACTICAL EXAM (A.Y.2021-2022)
MEMORIAL (MOOT COURT)

ROLL NO. : 02
NAME OF THE STUDENT : GANATRA HETAL HANSRAJ YOGINI
ACADEMIC YEAR : 5TH YEAR BLS LLB 2021-2022
TOPIC : MOOT COURT – CRIMINAL CASE
 Om Vidyalankar Shikshan Sanstha’s

ASMITA COLLEGE OF LAW

PRACTICAL EXAM (A.Y.2021-2022)
MEMORIAL (MOOT COURT)

ROLL NO. : 02
NAME OF THE STUDENT : GANATRA HETAL HANSRAJ YOGINI
ACADEMIC YEAR : 5TH YEAR BLS LLB 2021-2022
TOPIC : MOOT COURT – CRIMINAL CASE
 (COVER PAGE)
IN THE HON’BLE HIGH COURT OF JUDICATRURE AT LOMBAY
(Court Name)

CRIMINAL APPELLATE JURISDICTION

(Jurisdiction Name)

CRIMINAL WRIT PETITION NO.123 OF 2018

(Petition No.)

Net Airways ..….Petitioner (Original Accused)

V/s.

State of Maharashtra
.….Respondent (Original Complainant)

Petition Under Section 304A, 336, 337, 338

of Indian Penal Code, 1860
 (TABLE OF CONTENTS)
IN THE HON’BLE HIGH COURT OF JUDICATRURE AT LOMBAY
(Court Name)

CRIMINAL APPELLATE JURISDICTION

(Jurisdiction Name)

CRIMINAL WRIT PETITION NO.123 OF 2018

(Petition No.)

Net Airways ..….Petitioner (Original Accused)

V/s.

State of Maharashtra
.….Respondent (Original Complainant)

INDEX

Sr. No. Particulars of the Contents Page No.

1 Table of Contents
2 Index of Authorities
3 Statement of Jurisdiction
4 Statement of Facts
5 Statement of Issues
6 Summary of Arguments
7 Summary of Pleadings
8 Prayers
 (Index of Authorities)
IN THE HON’BLE HIGH COURT OF JUDICATRURE AT LOMBAY
(Court Name)

CRIMINAL APPELLATE JURISDICTION

(Jurisdiction Name)

CRIMINAL WRIT PETITION NO.123 OF 2018

(Petition No.)

Net Airways ..….Petitioner (Original Accused)

V/s.

State of Maharashtra
.….Respondent (Original Complainant)

Referred Law, Rules and Regulations

LEGISLATIONS & CONVENTIONS

1. Constitution of India, 1949

2. Indian Penal Code, 1860
3. Criminal Procedure Code, 1973
 (STATEMENT OF JURISDICTION)

IN THE HON’BLE HIGH COURT OF JUDICATRURE AT LOMBAY

(Court Name)

CRIMINAL APPELLATE JURISDICTION

(Jurisdiction Name)

CRIMINAL WRIT PETITION NO.123 OF 2018

(Petition No.)

Net Airways ..….Petitioner (Original Accused)

V/s.

State of Maharashtra
.….Respondent (Original Complainant)

The Hon’ble High Court of India has the jurisdiction in this matter under

Article 226 of the Constitution of India which reads as follows:

“226. —(1) Notwithstanding anything in article 32, every High Court shall have power, throughout
the territories in relation to which it exercises jurisdiction, to issue to any person or authority,
including in appropriate cases, any Government, within those territories directions, orders or writs,
including 4 [writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any
other purpose.]
(2) The power conferred by clause (1) to issue directions, orders or writs to any Government,
authority or person may also be exercised by any High Court exercising jurisdiction in relation to the
territories within which the cause of action, wholly or in part, arises for the exercise of such power,
notwithstanding that the seat of such Government or authority or the residence of such person is
not within those territories.”
 (STATEMENT OF FACTS)
IN THE HON’BLE HIGH COURT OF JUDICATRURE AT LOMBAY
(Court Name)

CRIMINAL APPELLATE JURISDICTION

(Jurisdiction Name)

CRIMINAL WRIT PETITION NO.123 OF 2018

(Petition No.)

Net Airways ..….Petitioner (Original Accused)

V/s.

State of Maharashtra
.….Respondent (Original Complainant)

1. Net airways flight8W 797, operated through a Boeing 787 aircraft, carrying 166
passengers and five crew members took off for Kolkata from the Chhatrapati Shivaji
Maharaj International Airport on 20th September 2018.
2. It had to return back to Lombay airport within 30-45minutes due to drop in Cabin
pressure on the flight.
3. Pilots and cabin crew members forgot to click on the switch that controls cabin air
pressure.
4. Therefore, 30 passengers suffered nose, ear bleeding and along with-it headache-
breathlessness was suffered by all the passengers.
5. One of the passanger died in the aircraft. Some of the passengers were rushed to the
Kakavati hospital, Vileparle, Lombay for the treatment.
6. The FIR was lodged by legal representatives of the passengers named Rakesh
Awasthi, who died in the aircraft.
7. In FIR report it was pointed out that there was a poor crisis management by flight
crew members, and the staff be charged for endangering life of others and causing
death of a person.
8. The charges of death by negligence be framed against the staff members and Net
airways and endangering life of human beings.
9. Inquiry by DGCA (director general of civil aviation), it has investigated the matter
and has grounded all the crew members including pilots and co-pilots for 6months.
10. It has also ordered that a training programme be conducted for all the Indian airlines
so as to prevent reoccurrence of such incidents in future.
11. After lodging of a FIR investigation was done by the Investigating officer.
12. Investigating Officer in its report has submitted that there was a gross negligence on
the part of crew members and a charge sheet was filed on 25th January 2019.
13. Case was instituted in Metropolitan Magistrate Court at Kandheri (criminal case
no.233 of 2018) of upon the charge sheet filed by the police.
14. The case was filed on behalf of the State of Maharashtra on the basis of the FIR
lodged by legal representatives of deceased Mr. Rakesh Awasthi against Net Airways.
15. The matter is pending in the trial court.
 (STATEMENT OF ISSUES)
IN THE HON’BLE HIGH COURT OF JUDICATRURE AT LOMBAY
(Court Name)

CRIMINAL APPELLATE JURISDICTION

(Jurisdiction Name)

CRIMINAL WRIT PETITION NO.123 OF 2018

(Petition No.)

Net Airways ..….Petitioner (Original Accused)

V/s.

State of Maharashtra
.….Respondent (Original Complainant)

ISSUE 1:

Whether the petition is maintainable under Article 226 of Constitution of India?

ISSUE 2:

Whether the said FIR is maintainable under the law?

(SUMMARY OF ARGUMENTS)
 IN THE HON’BLE HIGH COURT OF JUDICATRURE AT LOMBAY
(Court Name)

CRIMINAL APPELLATE JURISDICTION

(Jurisdiction Name)

CRIMINAL WRIT PETITION NO.123 OF 2018

(Petition No.)

Net Airways ..….Petitioner (Original Accused)

V/s.

State of Maharashtra
.….Respondent (Original Complainant)

ISSUE 1:

Whether the petition is maintainable under Article 226 of Constitution of India?

It is most humbly submitted before this Hon’ble High Court of India that this writ petition is
maintainable in this Court under Article 226 of the Constitution of India because the said Act
enacted by the respondents violates the fundamental rights of the petitioner u/a 19(1) (g) i.e.
Right to practice any profession or to carry on any occupation, trade or business, Article 14
i.e. equality before Law and Article 21 i.e. right to live with human dignity of Constitution of
Indiana.
ISSUE 2:

Whether the said FIR is maintainable under the law?

It is humbly submitted before the Hon’ble Court that, the said act is unconstitutional. Further
it does violate the fundamental rights of dance bar owners. Article 19(1) (a), Article 19 (1) (g)
and Article 21 of the Constitution have been violated on account of arbitrary action of state,
thus, resulting in the violation of Article 14 as well. Right to practice any profession or to
carry on any occupation, trade or business has been violated since the petitioners are not
allowed to carry on the business of their choice.

(SUMMARY OF PLEADING)

IN THE HON’BLE HIGH COURT OF JUDICATRURE AT LOMBAY

(Court Name)

CRIMINAL APPELLATE JURISDICTION

(Jurisdiction Name)

CRIMINAL WRIT PETITION NO.123 OF 2018

(Petition No.)

Net Airways ..….Petitioner (Original Accused)

V/s.

State of Maharashtra
.….Respondent (Original Complainant)
 (YOUR OBSERVATIONS)

IN THE HON’BLE HIGH COURT OF JUDICATRURE AT LOMBAY

(Court Name)

CRIMINAL APPELLATE JURISDICTION

(Jurisdiction Name)

CRIMINAL WRIT PETITION NO.123 OF 2018

(Petition No.)

Net Airways ..….Petitioner (Original Accused)

V/s.

State of Maharashtra
.….Respondent (Original Complainant)