The petitioner has sought quashing of FIR of Ishakchak P.S. Case No. 116/2015 registered against the petitioner for the alleged offences under Section 2/3 of the Prevention of Insults to National Honour Act, 1971 (hereinafter referred to as ‘the Act’) for the reason that the FIR does not disclose any offence against the petitioner.

2. The stand of the petitioner is that she is the Headmistress of a School posted in Rajkiya Madhya Vidyalaya, Bhikhanpur, Bhagalpur. On 15th August, 2015, the petitioner being the head of the institution hoisted the national flag at the roof of the school building and thereafter she proceeded to her residence. The petitioner is a patient of Diabetes type II. On the same day, she fell ill in the afternoon suffering with loose motion and vomiting resulting in convulsion and other complications. Ultimately, she had to be admitted in a medical clinic and was discharged when her condition became stable. In the aforementioned circumstances she failed to lower down the national flag at sunset.

3. On the basis of complaint about the national flag being kept flying after sunset, an A.S.I. of Ishakchak Police Station, inspected the place and seized the na