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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Vinu C. Kunjappan S/o Kunjappan – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. accused's responsibility in flag hoisting. (Para 1 , 2) |
| 2. definition of disrespect to national flag. (Para 4 , 5 , 6) |
ORDER :
2. The petitioner was working as the Secretary of Angamaly Municipality. The prosecution allegation is that on Independence Day in the year 2015, the National Flag was hoisted in the compound of the Angamaly Municipality in the presence of the petitioner, and it was not lowered till noon of 17.8.2015. The Station House Officer, Angamaly Police Station, registered a suo motu FIR. Annexure I is the FIR. After the investigation, Annexure II final report was filed before the trial court. The trial court received the final report on file, took cognizance of the offence and numbered the case C.C.No.410/2016. The petitioner has approached this Court to quash the proceedings on the ground that the allegations in the final report, even if taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against him.
4. It is not in dispute that on 15.8.2015 in the morning, in connection with Independence Day, the National Flag was hoisted in the compound of the Angamaly Municipality in the presence
Mere inaction in not lowering the National Flag does not constitute an offense under the Act without mens rea.
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.
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 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 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.
The intention behind an act is essential in determining whether it constitutes an insult under the Prevention of Insults to National Honour Act, 1971.
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