ORAL JUDGMENT :

1. Heard Mr. Rajendra Sorankar, learned Advocate for the Applicant, and Ms. Pallavi Dabholkar, learned APP for the Respondent – State.

2. This Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is preferred by the Applicant for the quashing of FIR No. 13 of 2017, dated 27.01.2017 (“impugned FIR”), registered by the Tilak Nagar Police Station under Section 2 (4) (l) of the Prevention of Insults to National Honour Act, 1971, and the Charge Sheet registered as Criminal Case No. 460 / PS/ 2017, arising out of the impugned FIR.

3. The material facts of the case are that on Republic Day in 2017, members of “Shri Rajani Society” gathered at the building, and a flag-hoisting ceremony was held at approximately 9:15 a.m. in the presence of Society members and children. After the ceremony, the Society members dispersed to attend their work, leaving the terrace gate open. Around 4:00 p.m. on 26.01.2017, 4 to 5 Police Officers arrived at the Society and reported that the flag hoisted on the terrace was inverted. A Pachamama was conducted. The impugned FIR stands registered against the Applicant and 5 other persons who were then members of the resident