D.V. SHARMA, J.

1. The instant petition under section 482 Cr.P.C. has been preferred against the order dated 17.4.2002 of Chief Judicial Magistrate, Lucknow who after recording the statements of the complainant under section 200 Cr.P.C. and further proceeding under section 202 Cr.P.C. and on perusal of record, was satisfied that prima facie the petitioners committed the offence of section 3 of the Prevention of Insults to National Honour Act, 1971 and issued process under section 204 Cr.P.C. and without appearing before the Court of learned Chief Judicial Magistr.ate they approached this Court and the operation of the impugned order was stayed by a learned Single Judge of this Court on 18.7.2002.

2. Factual matrix is as under Opposite party No.2 Pratap Chandra, son of Late Mohan Lal, R/o 4/1, Vivek Khand, P.S. Gomti Nagar, District Lucknow filed a criminal complaint against the petitioners who were the producer and Director of the film Kabhi Khushi Kabhi Gham on the ground that while watching the movie in theater Novelty situated at Lalbagh, Lucknow, the complainant found several irregularities which constitute offence under section 3 of the Prevention of Insults to Nationa