KANTILAL BHURIA Vs. SANJAY SARVARIA

JUDGEMENT

(1.) Shri Manish Datt, Advocate for the petitioner. None for respondent Nos. 1 and 2, even in the second round. Shri C.K. Mishra, Govt. Adv. for the respondent No. 3/State. Arguments heard. This is a petition, under section 482 of the Code of Criminal Procedure (for short 'the Code') for quashing the prosecution for the offence punishable under section 2 of the Prevention of Insults to National Honour Act, 1971 (for short 'the Act'). Corresponding trial is pending as Complaint Case No. 2434/2011 in the Court in Shri S.S. Jamra, JMFC, Damoh. Cognizance of the offence has been taken upon the complaint made by the respondent Nos. 1 and 2 by JMFC, Damon. It contained the following allegations:--

(2.) Learned counsel for the petitioner has strenuously contended that continuance of the prosecution is an abuse of the process of the Court as, apparently, he had no intention to bring National Flag into disrespect. According to him, the prosecution is politically motivated. To buttress the contentions, attention has been invited to the following facts:--

(3.) While opposing the prayer for quashing the proceedings, learned Govt. Advocate has pointed out that the petitioner is also guilty of perpetuating the insult to the National Flag.