SUSHRI SUMAN BAHANJI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Misc. Application is preferred under Section 482 of the Code of the Criminal Procedure, 1973 (hereinafter referred to as "the Code") for quashing the F.I.R. dated 17.11.2012, registered with Police Station Kankhal, District Haridwar as Case Crime No.237 of 2012 under Section 2 of the Prevention of Insults to National Honour Act, 1971 (in short as 'the Act, 1971') and entire subsequent proceedings as well as the summoning order dated 19.09.2013 passed by the learned Additional Chief Judicial Magistrate, Haridwar in Criminal Case No.1383 of 2013 'State vs. Jaideep Arya and three others'.

(2.) Facts, to the limited extent necessary, are that the F.I.R. was lodged in the light of an information of Rana Ranveer Singh, Pradesh Pramukh, Samajik Sena. According to the F.I.R., on 07.10.2012, there was a demonstration in front of Police Station Kankhal by the supporters of Yog Guru Baba Ramdev and Bharat Swabhimaan Trust over the arrest of a Journalist. The said demonstration ended on 16.10.2012 on the assurance of the Administration. The National Flag of India was insulted by the supporters of Baba Ramdev in front of Police Station Kankhal. Attaching some photographs with this information, it had been requested that a strict action should be taken against those who insulted the National Flag by registering a case of sedition and strict action should be taken against government employees in front of whom the National Flag was insulted.

(3.) The F.I.R. was registered against the applicant-accused Dr. Jaideep Arya and unknown supporters of Bharat Swabhimaan Trust. After investigation, the charge-sheet was filed against all the applicants-accused persons.