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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ASHWIN D.BHOBE
V. K. Narayanan – Appellant
Versus
State of Maharashtra – Respondent
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, members of “Shri Rajani Society” gathered at the building, and a flag-hoisting ceremony was held at approximately 9:15 a.m. in the presence of Society members and children. After the ceremony, the Society members dispersed to attend their work, leaving the terrace gate open. Around 4:00 p.m. on 26.01.2017, 4 to 5 Police Officers arrived at the Society and reported that the flag hoisted on the terrace was inverted. A Pachamama was conducted. The impugned FIR stands registered against the Applicant and 5 other persons who were then members of th
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 failure to lower the National Flag after sunset does not violate Section 2 of the Prevention of Insults to National Honour Act if there is no intent to dishonour the flag.
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.
Mere inaction in not lowering the National Flag does not constitute an offense under the Act without mens rea.
The central legal point established in the judgment is the requirement of actus reus and mens rea for an offence under Section 2 of the Prevention of Insults to National Honour Act, 1971.
The court determined that a lack of prima facie evidence for intent to insult the National Flag or promote disharmony justified granting bail subject to conditions for cooperating with the investigat....
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