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2017 Supreme(Raj) 1904

IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Manu Bhai C. Joshi - Appellant
Vs.
State of Rajasthan - Respondent
Criminal Misc. (Pet.) No. 189 of 2015
Decided On : 21-08-2017

Advocates:
Advocate Appeared:
For the Appellant : Mr. D.S. Udawat, Mr. J.K. Chanda
For the State : Mr. V.S. Rajpurohit

Headnote:

Prevention of Insults to National Honour Act, 1971 – Section 2 – Emblems and Names (Prevention of Improper Use) Act, 1950 – Section 3/5 – Copyright Act, 1957 – Section 51/63 – Unlawful Activities (Prevention) Act, 1967 – Section 2-F/13(1)(b) – Code of Criminal Procedure – Section 482 – Quashment of Allegation – S.B. Criminal Misc. Petition under Section 482 Cr.P.C., 1973 has been preferred against the order passed by Sessions Judge, Jodhpur Metropolitan in Criminal Revision Petition, whereby the revision petition was dismissed, affirming the order passed by Additional Chief Metropolitan Magistrate (Economic Offences), Jodhpur in Criminal Regular Case by which the court below has ordered to frame charges against petitioner for the offence under Section 2-F/13(1)(b) of the Unlawful Activities (Prevention) Act, 1967 Section 51/63 of the Copyright Act, 1957 Section 3/5 of the Emblems and Names (Prevention of Improper Use) Act, 1950 and section 2 of the Prevention of Insults to National Honour Act, 1971 – Held, Intention as well as the chain of events, which led to the alleged act clearly point out that at best, it would have been a bona fide mistake on the part of the institutions, which had resolved to publish the notebooks with the map of the country, which are erroneously printed and it is not the case of the prosecution that such act was done with vengeance or with any kind of intention to come within the purview of the laws so expressed – Allegations pertain to the pride of the nation as well as its sovereignty and integrity, but the present consideration is only made with the clear understanding that the same has been made on the basis of the factual matrix of this particular case alone – Order Accordingly

ORDER :

Pushpendra Singh Bhati, J.

S.B. Criminal Misc. Petition No. 189/2015 under Section 482 Cr.P.C., 1973 has been preferred against the order dated 16.10.2014 passed by learned Sessions Judge, Jodhpur Metropolitan in Criminal Revision Petition No. 271/2014, whereby the revision petition was dismissed, affirming the order dated 07.04.2014 passed by learned Additional Chief Metropolitan Magistrate (Economic Offences), Jodhpur in Criminal Regular Case No. 927/2010, by which the learned court below has ordered to frame charges against the petitioner for the offence under Section 2-F/13(1)(b) of the Unlawful Activities (Prevention) Act, 1967 Section 51/63 of the Copyright Act, 1957 Section 3/5 of the Emblems and Names (Prevention of Improper Use) Act, 1950 and section 2 of the Prevention of Insults to National Honour Act, 1971.

2. S.B. Criminal Misc. Petition No. 2964/2014 under Section 482 Cr.P.C., 1973 has been preferred against the order dated 16.10.2014 passed by learned District & Sessions Judge, Jodhpur Metro, Jodhpur in Criminal Revision No. 270/2014 arising out of the order dated 07.04.2014 passed by Additional Chief Judicial Magistrate (Economic Offences), Jodhpur Metro, Jodhpur in Cr.O. No. 927/2010.

3. The petitioner in S.B. Criminal Misc. Petition No. 189/2015 is the office bearer of the Gujarat State Cooperative Consumers Federation Limited, which is a Public Body.

4. The petitioners in S.B. Criminal Misc. Petition No. 2964/2014 are the office bearers of the Banking Institution.

5. The present complaint was arising out of a newspaper report to the effect that the accused have printed the map of India, by not showing the area of Kashmir and Lakshdeep (Andaman-Nikobar) over T-Series Super Cassette and note-book, which was said to be printed by the Gujarat Cooperative Consumers Federation Limited in the year 1998 and similar charge on the Banking Institution.

6. Upon investigation, the charge-sheet was filed for the offences under Section 2-F/13(1)(b) of the Unlawful Activities (Prevention) Act; Section 51/63 of the Copyright Act; Section 3/5 of the Emblems and Names (Prevention of Improper Use) Act and section 2 of the Prevention of Insults to National Honour Act before the competent court.

7. The charges were framed against the petitioners for all the aforementioned offences vide order dated 07.04.2014. The revision petition filed against the said order was dismissed on 16.10.2014, whereby, the earlier order passed on 07.04.2014 was affirmed.

8. Learned counsel for the petitioners state that the petitioners are office bearers of the Public Body and Banking Institution respectively, and there were general Resolutions to publish the copies, and in fact, the whole act was a bona fide mistake, as they did not have any intention whatsoever to commit the aforesaid offences.

9. It has also been pointed out by learned counsel for the petitioners that the petitioners themselves were not holding the Chair from where the orders were passed to print the notebooks by Gujarat State Cooperative Consumers Federation Limited in the year 1998 and the Banking Institution, but were merely incidentally involved in the decision. The executing agency was also different.

10. Learned counsel for the petitioners also stated that the order of printing was limited to logo/monogram and address of the Company, and no other format was prescribed by the present petitioners, so as to implicate them, as having been responsible for committing the aforementioned offences.

11. Learned counsel for the petitioners further stated that the petitioners had a limited role only in relation to monogram on the notebooks, and as per learned counsel for the petitioner, the legislative purport of the aforesaid provisions of law was well defined and the petitioners thus did not fall within the purview of the said offences.

12. Learned counsel for the petitioner/office bearers of the Banking Institution submits that the petitioners have issued a corrigendum for rectification of





























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