VINODKUMAR BABUBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri Gaurav Mehta for the applicant, learned APP Ms. M.D. Mehta for respondent no.1- State and learned Advocate Shri Kaivan K. Patel for respondent no.2.

(2.) By way of this application the applicant seeks quashment of FIR being C.R. No. II- 87 of 2014 registered with Vijapur Police Station on 16.02.2014 alleging offence punishable under Section 3.6 of the Prevention of Insults to National Flag Act, 1971 [ (sic) Prevention of Insults to National Honour Act, 1971]. The allegation levelled in the impugned complaint in brief being that the complainant at the relevant point of time was working as in charge Commanding Officer of Home Guard Unit at Vijapur where the applicant-accused was working as part-time Peon with the said Unit. It is alleged that on 26.01.2014 i.e. on Republic Day, the respondent no.2- complainant had gone to Mamlatdar Office and he had instructed the applicant-accused and one another employee being part-time Peon to hoist the National Flag at 9.00 a.m in the morning and lower the National Flag down at evening after the time is over. It is alleged that both the employees had shown negligence in duty and did not lower the National Flag on 26.01.2014 and they lowered the National Flag on 27.01.2014 at 12.30 hours. Upon asking, it was informed by the said employee that due to inadvertence National Flag had not been lowered down. Thus alleging the impugned complaint had been preferred.

(3.) Learned Advocate has submitted that the applicant was not allowed to join the duty from 24.10.2013 onwards and copy of muster roll obtained by the applicant shows that after 24.10.2013 the applicant had not signed muster roll. The muster roll is also annexed with the petition. Learned Advocate thus submitted that on 26.01.2014 the applicant was not on duty and therefore the allegations levelled in the complaint are false and fabricated.