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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ASHWIN D.BHOBE
V. K. Narayanan – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual background: inverted flag hoisting incident and proceedings (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties contend no offence ingredients or evidence against applicant (Para 6 , 7 , 8 , 9) |
| 3. section 2(4)(l) requires intentional inverted flag display (Para 10 , 11 , 12) |
| 4. no proof of applicant's involvement or mens rea (Para 13 , 14 , 15) |
| 5. cognizance order defective lacking judicial application of mind (Para 16 , 18) |
| 6. bhajan lal principles apply for quashing fir (Para 19) |
| 7. fir, chargesheet, and cognizance quashed (Para 20 , 21) |
JUDGMENT :
ASHWIN D. BHOBE, J.
1. Heard Mr. Rajendra Sorankar, learned Advocate for the Applicant, and Ms. Pallavi Dabholkar, learned APP for the Respondent – State.
2. This Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is preferred by the Applicant for the quashing of FIR No. 13 of 2017, dated 27.01.2017 (“impugned FIR”), registered by the Tilak Nagar Police Station under Section 2 (4) (l) of the Prevention of Insults to National Honour Act, 1971, and the Charge Sheet registered as Criminal Case No. 460 /PS/ 2017, arising out of the impugned FIR.
3. The material facts of the case are that on Republic Day in 2017,
Mere presence at flag hoisting where flag later inverted insufficient for offence under Section 2(4)(l) without evidence of intentional display; cognizance without reasons invalid; proceedings quashe....
Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view t....
The failure to examine the complainant on oath renders the issuance of notice to the proposed accused invalid, with the presence at the event being characterized as part of official duties.
The court held that inherent powers under Section 482 Cr.P.C. cannot be used to quash proceedings based on factual disputes, which must be resolved by the trial court.
Power of Executive Magistrate Class-1 to direct or register FIR - Under scheme of Code, Executive Magistrate has not been empowered to direct registration of FIR and this power in terms of S. 156(3) ....
Mere inaction in not lowering the National Flag does not constitute an offense under the Act without mens rea.
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