GANESH LAL BATHRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision impugns the order dated 8-2-2002 passed by learned Judicial Magistrate First Class, Seorii in Criminal Trial No. 432/99, framing charges under Sections 2 and 3 of the Prevention of Insult to National Honour Act, 1971 (for short 'the Act').

(2.) It is said that the complainant being a Sarpanch and the accused/applicant being the Principal of a Government High School were on inimical terms over hoisting of the national flag on 26-1-1999. It is also said that the issue was resolved and it was decided that the complainant would hoist the flag on the republic day in the premises of the school. It is also said that inadvertently the flag was tied in reverse order by putting saffron colour down by a lower staff of the school and the moment it came to the notice of the accused the flag was put in order and the matter ended. However, the complainant lodged a report with Police which was registered as Rojnamacha Sanha No. 600 dt. 26-1-99 at Police Station Ugali alleging that the flag was tied in improper manner for hoisting. After a preliminary enquiry an FIR was registered against the applicant after 3 months on 9-4-99. On an investigation, a chargesheet was filed and the accused/applicant has been put up for trial upon charges under Sections 2 and 3 of the Act.

(3.) Learned counsel for the applicant submits that looking to statements and objects of the Act so also the provisions of Sections 2 and 3, materials on record prima facie do not attract the ingredients of the offences as above. Learned counsel further submits that the most important element for such prosecution is the presence of disrespect for the national flag which is conspicuous by absence in the instant case. Learned counsel further submits that specific acts which may lead to a conclusion of disrespect to the national flag are burning, trampling, defiling or mutilating in public. He also submits that the flag was hoisted at a place which is not located within the precincts of the Government High School where the applicant/accused is employed as the Princi pal. Learned counsel also submits that the applicant being a Principal of Government High School is entitled to get protection under Section 197, Cr.P.C. against his prosecution.