Syed Akhil Ahmed v. The State of A.P & Anr.
Case at a glance
Outcome
Allowed
Accordingly, the Criminal Petition is allowed and the
Provisions considered
Key paragraphs
- Para 22. Insult to Indian National Flag and Constitution of India: Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or [otherwise shows disrespect to or brings] into contempt (whether by words, either spoken…
Judgment
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7027 OF 2010 ORDER: Present Criminal Petition has been preferred by invoking the provision under Section 482 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) seeking to quash the proceedings in crime No.235 of 2010 of P.S. Pet Basheerabad registered for the offence punishable under Section 2 (f) of The Prevention of Insults to National Honour Act, 1971 (for short ‘the Act’). The allegations levelled against the petitioner are that prior to
11.07.2010 at Commander Ali’s Academy of Merchant Navy Institute situated at Plot Nos.224 and 226, NCL North, Kompally, an Indian Flag was hosted wherein the emblem of the said institution was also available and thereby the petitioner, who is the director of the said Company, is alleged to have committed an offence punishable under the provisions of the said Act. Hence, the case. Heard arguments. In this context, it would be appropriate to reproduce Section 2 of the Act, which runs as follows:
Operative part
Insult to Indian National Flag and Constitution of India: Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or [otherwise shows disrespect to or brings] into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. Explanation 4 – The disrespect to the Indian National Flag means and includes- (a) a gross affront or indignity offered to the Indian National Flag; or (b) dipping the Indian National Flag in salute to any person or thing; or (c) flying the Indian National Flag at half-mast except on occasions on which the Flag is flown at half-mast on public buildings in accordance with instructions issued by the Government; or (d) using the Indian National Flag as a drapery in any form whatsoever except in state funerals or armed forces or other para-military forces funerals; or (e) using the Indian National Flag:- (i) as a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or (ii) by embroidering or printing it on napkins, handkerchiefs, cushions, undergarments or any dress material; or (f) putting any kind of inscription upon the Indian National Flag; (g) ………. . Having perused the record and also carefully scrutinized the flag in question allegedly used by the petitioner herein, this Court is of the considered view that the act of the petitioner does not fall under the purview of the above referred provision and by no stretch of imagination, ingredients of said provision are not attracted. Further, even assuming for a moment that the petitioner has used the flat in the manner mentioned in the complaint, the same does not disclose any offence punishable under the Act. Hence, this Court is of the view that the proceedings against the petitioner do not lie and the same need to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings in crime No.235 of 2010 of P.S. Pet Basheerabad are quashed. Miscellaneous petitions filed in this petition, if any, shall stand closed. Date : 20.09.2012 ________________________ JUSTICE RAJA ELANGO
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Criminal Petition is allowed and the
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Prevention of Insults to National Honour Act, 1971 — s. 2(f); Constitution of India.
Which court decided this case, and when?
Andhra Pradesh High Court, on 20 Sep 2012. The bench was RAJA ELANGO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.