MANDIRA BEDI Vs. PAWAN

JUDGEMENT

(1.) This is a petition under Section 482 of Cr.PC for quashment of complaint bearing No. 261/2007, dated 30-4-2007 and also the orders dated 18-6-2007 and 5-12-2007 pending in the Court of JMFC, Bhikangaon whereby in a private complaint filed by respondent No. 1 cognizance of the offence has been taken under Section 2 of the Prevention of Insults to National Honour Act, 1971 (No. 69 of 1971) which shall be referred hereinafter as "Act" and bailable warrant was issued against the petitioner.

(2.) Short facts of the case are that the respondent No. 1 filed a private complaint on 12-4-2007 alleging that petitioner/Smt. Mandira Bedi was Producer and Director of Programme Fourth Umpire, SET MAX TV Channel, Mumbai. It was alleged that during telecast of Cricket Match of World Cup Cricket, 2007 being played on 28-4-2007 at West Indies petitioner was wearing a Saree which was having design of images of flags of various participating countries including the Indian National Flag. It was alleged that on that Saree there was an image of National Flag of India, which was on the bottom and was touching to the legs of the petitioner. It was alleged that the petitioner has dishonoured the National Flag publicly and thus has committed an offence which is punishable under the Act. After recording of statement of respondent No. 1 under Sections 200 and 202 of Cr.PC learned JMFC, Bhikangaon vide order dated 18-6-2007 took the cognizance of the offence and issued bailable warrant against the petitioner against which the present petition has been filed.

(3.) Mr. Ramesh Saboo, learned Counsel for the petitioner argued at length and submits that as per the complaint the cause of action has accrued to the respondent No. 1 during the telecast of Cricket Match of World Cup