This Criminal Petition under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner seeking to quash the order dated 13.08.2007 in C.C.SR.No.5108 of 2007 by which the learned I Additional Chief Metropolitan Magistrate, Hyderabad, referred the private complaint lodged by the second respondent herein to the Station House Officer, Saifabad Police Station, under Section 156 (3) of the Code of Criminal Procedure for investigation and report.

The complainant-second respondent herein, who is a Practicing Advocate, filed the present complaint against the petitioner and also against Smt.Sonia Gandhi, President, Indian National Congress (Congress-I). The allegations made therein, in a nutshell, are as follows:

That on 14.05.2007 he personally saw the tri-coloured Flag belonging to Congress-I Party containing the photo images of Smt.Sonia Gandhi (A.2), Late Rajiv Gandhi, Dr.Y.Rajasekhar Reddy (the then Chief Minister of Andhra Pradesh), Rahul Gandhi (Member of Parliament) and K.Kesava Rao (A.1), the President of Congress Committee-I (INC) of Andhra Pradesh, along with symbols of ‘Hand’ in the middle of the Flag and the said Flag was resembling