DWARKA PRASAD JAT Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has preferred the present revision against the order dated 5.1.2012 passed by the learned First Additional Sessions Judge, Nasrullaganj, District Sehore in Criminal revision No.156/2011 whereby the order dated 17.11.2011 passed by the learned JMFC, Nasrullaganj in Criminal Case No.520/2011 by which a complaint against the respondents no.2 to 5 was registered for offence punishable under Sections 2 of the Prevention of Insults to National Honour Act, 1971 (hereinafter referred to as the "Special Act" ) was set aside.

(2.) The facts of the case are that the applicant had lodged a criminal complaint before the JMFC, Narsrullaganj that on 31.3.2010 a function of Nagrik Abhinandan was arranged by the workers of the Bhartiya Janata Party in the honour of the respondent no.3 Smt. Sushma Swaraj and respondent no.2 Shri Shivraj Singh Chouhan, Chief Minister of the State and the respondent no.4 Sandeep Yadav, District Collector of Sehore had also participated in the function arranged by the respondent no.5 President of Bhartiya Janata Party, Sehore. In the function one girl was modeled as Bharat Mata and she was given a National Flag so that she escorted the respondents no.2 to 4 from the helipad to the stage but, she held the National Flag in the reverse order. Green color of flag was on the upper side whereas, it was supposed to be on the lower side and therefore, it was an insult of the National Flag.

(3.) After considering the evidence adduced by the applicant under Sections 200 and 202 of the Cr.P.C the learned JMFC, Nasrullaganj registered a case against the respondents no.2 to 5 for offence punishable under Section 2 of the Special Act but, in criminal revision the learned First Additional Sessions Judge, Nasrullaganj vide the impugned order dated 5.1.2012 reversed the order passed by the JMFC.