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2002 Supreme(MP) 1077

UMA NATH SINGH
Ganesh Lal Bathri – Appellant
Versus
State of M. P. – Respondent


Advocates:
Greeshm Jain for applicant;
Ajay Mishra. Deputy Advocate General with Ku. Alka Pandya,
Government Advocate for State.

ORDER (Oral)

1. This criminal revision impugns the order dated 8.2.2002 passed by learned Judicial Magistrate First Class, Seoni in Criminal Trial No. 432/99, framing charges under sections 2 and 3 of the Prevention of Insults to National Honour Act, 1971 (for short 'the Act').

2. It is said that the complainant being a Sarpanch and the accused-applicant being the Principal of a Government High School, were on inimical terms over hoisting of the National Flag on 26.1.1999. It is also said that the issue was resolved and it Was decided that the complainant would hoist the flag on the Republic Day in the premises of the school. It is also said that inadvertently, the flag was tied in reverse order by putting saffron colour down by a lower staff of the school and the moment it came to the notice of the accused, the flag was put in order and the matter ended. However, the complainant lodged a report with police which was registered as Rojnamacha Sanha No. 600 dated 26.1.1999 at Police Station Ugali alleging that the flag was tied in improper manner for hoisting. After a preliminary enquiry, an FIR was registered against the applicant after 3 months on 9.4.1999. On an investigation, a c
















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