K KESHAV RAO Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') is filed by the petitioner seeking to quash the order dated 13.08.2007 in C.C.SR.No.5108 of 2007 by which the learned I Additional Chief Metropolitan Magistrate, Hyderabad, referred the private complaint lodged by the second respondent herein to the Station House Officer, Saifabad Police Station, under Section 156 (3) of the Code of Criminal Procedure for investigation and report.

(2.) The complainant-second respondent herein, who is a Practicing Advocate, filed the present complaint against the petitioner and also against Smt.Sonia Gandhi, President, Indian National Congress (Congress-I). The allegations made therein, in a nutshell, are as follows:

(3.) That on 14.05.2007 he personally saw the tri-coloured Flag belonging to Congress-I Party containing the photo images of Smt.Sonia Gandhi (A.2), Late Rajiv Gandhi, Dr.Y.Rajasekhar Reddy (the then Chief Minister of Andhra Pradesh), Rahul Gandhi (Member of Parliament) and K.Kesava Rao (A.1), the President of Congress Committee-I (INC) of Andhra Pradesh, along with symbols of 'Hand' in the middle of the Flag and the said Flag was resembling the Indian National Flag. Having seen the mis-utilisation of the National Flag, he was very much annoyed for the usage of Tri-colour Flag in violation of the provisions of the Prevention of Insults to National Honour Act, 1981 (for short 'the Act'), issued a notice on 18.05.2007 to the accused not to use the Tri-colour flag as their party flag, against which, the second accused gave a reply dated 15.06.2007 acknowledging the receipt of notice and also to have noted the suggestions of the complainant. But no steps were taken by either of the accused for removal of the Tri-colour flag. Being aggrieved by the same, he filed the present complaint before the learned Magistrate seeking to punish the accused under the provisions of The Prevention of Insults to National Honour Act, 1971, as amended by the provisions of Prevention of Insults to National Honour (Amendment) Act, 2003.