BHEEM RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner being aggrieved with the order dated 16.3.2011 passed by the Addl. Sessions Judge (Fast Track) No.3, Hanumangarh (hereinafter referred to as the revisional court), whereby the Criminal Revision Petition No.22/2009 filed on behalf of the petitioner has been dismissed.

(2.) The said revision petition was filed by the petitioner against the order dated 27.9.2008 passed by the Judicial Magistrate, First Class, Hanumangarh (hereinafter referred to as the trial court) in Criminal Case No.144/2007, whereby the trial court has dismissed the complaint filed by the petitioner against the respondent Nos.2 and 3 under Section 507 IPC and Section 2 of the Prevention of Insults to National Honour Act, 1971 (hereinafter referred to as the Act of 1971).

(3.) Brief facts of the case are that the petitioner has filed a complaint before the trial court alleging that he purchased some medicines from a Pharmacy in the year 2004 and the shopkeeper had gifted him a calender of the year 2004. The said calender was published by the manufacturer of the medicines, which is owned by the respondent No.2. In the said calender, in the holiday column of 15th August, 2004, the Indian National Flag is displayed with 'Saffron' down. It is also alleged that when a notice was issued to the respondent No.2 through an Advocate, the respondent No.3 threatened his Advocate on telephone from Delhi and said that if they are going to file a case against the respondent No.2, he would also file a case against them at Delhi. It is also alleged that the notice sent by the petitioner on 1.4.2005 to the respondent No.2 was returned with a remark 'refused'.