VIKRAM SINGH @ VIKKI RANAWAT Vs. STATE

JUDGEMENT

(1.) The instant revision is directed against the order dated 7.8.2003 passed by the Additional Chief Judicial Magistrate No. 1, Chittorgarh framing the charge against the petitioner for offence under Sec. 2 of the Prevention of Insults to National Honour Act, 1971 (hereinafter referred to as the Act of 1971).

(2.) The facts giving rise to the instant revision petition are that a news appeared in the local News Paper of Chittor namely "Dainik Jai Mewar" dated 11.10.92 to the effect that during the shooting of a Film a scene was picturised shooting the National Flag at the Stadium. The Flag was not unfolded (Sic. folded. Ed.) in the evening. On the basis of this news the police registered a case against the petitioner for offence under Sec. 2 of the Act of 1971. On filing the charge-sheet the learned Magistrate has framed the charge against the petitioner for offence under Sec. 2 of the Act of 1971.

(3.) I have heard learned counsel for the petitioner and perused the record. The case has been registered simply on the basis of a news appearing in the News Paper. During the investigation statements of some of the witnesses have been recorded including Arvind and Laxmi Narain who have stated that after completing the shooting at 4-5.00 O' Clock they had taken down flag. This statement falsifies the news flashed in the News Paper. In view of the statements of these two witnesses there are no chances of the petitioner being ultimately held guilty of the charge levelled against him. Even otherwise a bare reading of Sec. 2 will show that no offence has been committed by the petitioner. Sec. 2 of the Act of 1971 reads as follows:-