JUDGMENT :

SANJEEV KUMAR, J.

1. Impugned in this petition, filed under Section 561-A Code of Criminal Procedure (as it was then in force), is FIR No. 69/2018 registered by Police Station, Bani, against the petitioner under Section 3 of Prevention of Insult to National Honour Act, 1971 [“the Act”]. During 2017-2018, when the impugned FIR was registered, the petitioner was working as Lecturer in Government Degree College, Bani, on contractual basis. The petitioner was engaged as Lecturer in August, 2017, for a period of one year, which period was extended for another year vide Order No. GGM/Acad/Arrg/POL/2018-19/012 dated 4th of August, 2018.

2. While the petitioner was serving in the second spell of his engagement, on 29th of September, 2018, the College was celebrating surgical strike conducted by Indian Army against the neighbouring Country. As is claimed by the petitioner, on the request of Clerk of the College, the petitioner stopped the class work and allowed the students to participate in the function. The petitioner claims that he too joined the students and attended the function. The function started with the singing of National Anthem. The petitioner asserts that he along with