VINU C. KUNJAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in C.C.No.410/2016 on the files of the Judicial Magistrate of First Class, Angamaly (for short, the trial court). The offences alleged against him are punishable under Sec. 2(a) of the Prevention of Insults to National Honour Act, 1971 (for short, the Act of 1971), read with Part-III, Sec. III, Rule 3.6 of the Flag Code of India, 2002 (for short, the Flag Code, 2002).

(2.) The petitioner was working as the Secretary of Angamaly Municipality. The prosecution allegation is that on Independence Day in the year 2015, the National Flag was hoisted in the compound of the Angamaly Municipality in the presence of the petitioner, and it was not lowered till noon of 17/8/2015. The Station House Officer, Angamaly Police Station, registered a suo motu FIR. Annexure I is the FIR. After the investigation, Annexure II final report was filed before the trial court. The trial court received the final report on file, took cognizance of the offence and numbered the case C.C.No.410/2016. The petitioner has approached this Court to quash the proceedings on the ground that the allegations in the final report, even if taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against him.

(3.) I have heard Sri. S. Rajeev, the learned counsel for the petitioner and Sri. Sangeetha Raj N.R., the learned Public Prosecutor.