ANAND TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) This miscellaneous criminal case under Sec. 482 of the Cr.P.C. filed on behalf of the complainant, is directed against the order dated 05.11.2015 passed by the Court of 6th ASJ, Rewa in Criminal Revision No. 296/2014 affirming the order dated 25.08.2014 passed by the Court of CJM, Rewa, whereby the complaint under Sec. 2 of the Prevention of Insults to National Honour Act, 1971 (hereinafter referred to in this order as 'the Act') was dismissed under Sec. 203 of the Cr.P.C.

(2.) The facts necessary for disposal of this miscellaneous criminal case may briefly be stated thus: Complainant Anand Tiwari filed a complaint in the Court of CJM, Rewa stating that he is a public spirited person. Respondent/accused No. 3 S.N. Rupla was Collector of District -Rewa. On 26.01.2014, on the occasion of Republic Day, flag hoisting ceremony was organized in the premises of Collectorate, Rewa, wherein the National Flag was unfurled upside down that is to say, the "Saffron side down". Thus, on the solemn occasion of the Republic Day, the National Flag was insulted. Respondent No. 3 saluted the National Flag, which was in reverse position and thereafter, National Anthem was sung in front of the Flag in such a position. After that, the Flag was pulled down in an insolent manner. Thus, respondent No. 3 intentionally/carelessly performed aforesaid act and thereby insulted the National Flag and the Constitution of India. The Collector is the leader of the Collectorate premises. All acts are conducted in the premises on the orders of and under the protection of the Collector. Therefore, Collector was responsible for unfurling of the Flag in reverse condition and thereby causing insult to the National Flag.

(3.) In the statements of the complainant Anand Tiwari and his witnesses Mayank Bhushan and Vivek Kumar Mishra, it was stated that when the National Anthem commenced, some people invited attention of the respondent No. 3 to the fact that the Flag has been unfurled in saffron side down position; however, respondent No. 3 motioned them to keep quite. After the National Anthem was concluded, he directed the staff members to set the Flag right. Thereafter, two of the staff members climbed the roof of the Collectorate. They carelessly and in an insolent manner set the Flag right. It was further stated that if respondent No. 3 wanted, he could have stopped National Anthem midway through and set the Flag right; however, he did not do so, which betrays the fact that the Collector unfurled the Flag in Saffron side down position, intentionally.