AJITINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This application has been filed under Section 482, Criminal Procedure Code. The petitioner is seeking a direction to respondents 1 to 4 to register an FIR against the 5th respondent for the contravention of the Flag Code and Section 5 of the Emblems and Names (Prevention of Improper Use) Act, 1950 and Section 2 of the Prevention of Insults to National Honour Act, 1971 and also for the offence under Sections 415, 417, 420, 170 and 171 of the Indian Penal Code.

(2.) According to the petitioner, the 5th respondent even before his appointment as Chairman of the Punjab. State Agricultural Marketing Board, used the official car for going from Chandigarh to Bhikhi in District Mansa and to Sardulgarh and Bathinda and these journeys had been undertaken by the 5th respondent on 4th and 5th July, 1997 and he also addressed some public meetings which have been attended by the Sub Divisional Magistrate, Senior Superintendent of Police, Ex. Deputy Speaker and retired Naib Tehsildar and other Akali Dal and B.J.P.workers. Further according to the petitioner, the respondents No. 5 contravened the Flag Code and other provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971 is stated above. Therefore the action is to be initiated against the 5th respondent.

(3.) The learned Counsel for the petitioner confined his arguments in regard to the violation of the Flag Code and Section 5 of the Emblems and Names (Prevention of Improper Use) Act, 1950, Section 2 of the Prevention of Insults to National Honour Act, 1971 and for the offences under Sections 170 and 171 of the Indian Penal Code. He fairly conceded that Sections 415, 417 and 420, I.P.C.are not applicable in this case.