PUBLISHER INDIA TODAY Vs. GIRISH SHARMA

JUDGEMENT

(1.) IN 21.3.1997 to 5.4.1997 number of India Today, advertisement for Amul Butter Megabytes was published. It had in bold letters the caption

(2.) AS per complainant Indian National Flag could not be used for the purpose of business or commerce for financial gain, advertisement. Complainant had felt dishonour and insult of Indian National flag. Thus, this complaint was filed as a vigilant citizen of India. Complainant is a young advocate. Grievance of the petitioner has been that no offence was made out under the Act and secondly personal presence of the petitioner could not be insisted upon. Scope of power of High Court under S. 482 of the Code to quash a complaint or FIR are well settled in State of Harayana v. Bhajanalal (1992 SCC Cri. 426). Categories of cases are cited by way of illustration. Third category stated in following words is apposite in this case :

(3.) ANY how, in Constocom Electronics (I) Pvt. Ltd. v. Gilt Pack Ltd [(2002) SCC Cri 336], the Supreme Court disapproved sending the case again to the Magistrate who had heard and decided the objections raised by the petitioner against him as the same would have been a futile exercise. The supreme Court had discouraged to send the petitioner to the Courts below when a relief could be granted in the High Court itself. Pepsi Foods Ltd. v. Special Judicial Magistrate [1998 SCC Cri 1400].