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2020 Supreme(MP) 1111

SHEEL NAGU
Brajesh Bansal – Appellant
Versus
State of M. P. – Respondent


Advocates:
Vivek Khedkar for applicants; Vinay Kumar, Panel Lawyer for respondents/State.

ORDER

1. Inherent powers of this Court u/S.482 CrPC are invoked seeking quashment of FIR dated 16.8.2019 bearing Crime No. 504/2019 registered at Police Station Kailaras, District Morena alleging offences punishable u/Ss.2 and 3 of the Prevention of Insults to National Honour Act, 1971 against both the petitioners.

2. The skeletal facts attending the present case are that at the relevant point of time petitioner No.2 was the elected President of Nagar Panchayat Kailaras, District Morena. It is alleged in the FIR that on the Independence Day i.e. 15.8.2019, petitioner No.2 along with her husband-petitioner No.1 had hoisted the National Flag which continued to remain hoisted till 9:15 pm of 16.8.2019 and as such intentionally insulted the National Flag. FIR further alleges this incident of insult to National Flag was witnessed by Satendra Singh, Omkar Dubey, Pradeep Ghuraiya, Suresh Upadhyay, Narhari Sharma and Arun Kumar. Offence punishable u/S.2 r/w 3 of the Prevention of Insults to National Honour Act, 1971 (for brevity, “1971 Act”) is alleged.

3. Learned counsel for petitioners has submitted that even if the allegations contained in the FIR are treated to be true, they do not con

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