V.K. NARAYANAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Rajendra Sorankar, learned Advocate for the Applicant, and Ms. Pallavi Dabholkar, learned APP for the Respondent - State.

(2.) This Application under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is preferred by the Applicant for the quashing of FIR No. 13 of 2017, dtd. 27/1/2017 ("impugned FIR"), registered by the Tilak Nagar Police Station under Sec. 2 (4) (l) of the Prevention of Insults to National Honour Act, 1971, and the Charge Sheet registered as Criminal Case No. 460 / PS/ 2017, arising out of the impugned FIR.

(3.) The material facts of the case are that on Republic Day in 2017, members of "Shri Rajani Society" gathered at the building, and a flag-hoisting ceremony was held at approximately 9:15 a.m. in the presence of Society members and children. After the ceremony, the Society members dispersed to attend their work, leaving the terrace gate open. Around 4:00 p.m. on 26/1/2017, 4 to 5 Police Officers arrived at the Society and reported that the flag hoisted on the terrace was inverted. A Pachamama was conducted. The impugned FIR stands registered against the Applicant and 5 other persons who were then members of the residential society "Shri Rajani Society".