Petitioner has approached this Court for exercise of

inherent powers of this Court under Section 482 of Cr.P.C., to

quash the FIR in Crime No.16/2022 of Devadurga police

station, Raichur, for the offences punishable under Section 2

of the Prevention of Insults to National Honour Act, 1971 (for

short ‘the Act’) and Section 188 of Indian Penal Code (for

short ‘IPC’) on the basis of complaint filed by the Tashildar,

Devadurga.

2.

Brief facts of the case are that the informant-

Tahsildar, Devadurga lodged the first information stating that

he had called the Taluk Level Meeting on 17.01.2022 and

directed all the concerned to place the portraits of Mahatma

Gandhi and Dr. B.R.Ambedkar, while celebrating Republic Day

and hoisting the national flag on 26.01.2022. The informant

also directed to perform pooja to the national leaders and

then only hoist the national flag. It is alleged that even

though, circular and direction was issued in this regard,

accused being Headmaster of Vagdevi School, Devadurga,

disobeyed the same and hoisted the national flag without

keeping the portraits of national leaders and without

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performing pooja to the national leaders and thereby

committed the offences. Therefore, he requested to register a

case and to initiate legal action against the accused.

Accordingly, the police have registered a case and took up

investigation.

3.

Heard Sri Sachin M. Mahajan, learned counsel for

the petitioner and Sri H.S.Shankar, learned High Court

Government Pleader appearing for the respondent-State.

Perused the material on record.

4.

Learned counsel for the petitioner submits that

even though section 2 of the Act and section 188 of IPC were

invoked, none of these penal provisions are applicable to the

facts of the case. There is nothing to contend that there is

insult to the national flag or to the national leaders. There is

no disobedience which resulted in causing obstruction,

annoyance or injury or risk of destruction, etc. as required

under Section 188 of IPC. Under such circumstances, FIR

which was registered against the petitioner is to be quashed.

Accordingly, he prays for allowing the petition.

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5.

Per contra, learned High Court Government

Pleader opposing the petition submitted that even though

there is no specific requirement under Section 2 of the Act to

keep portrait of national leaders like Mahatma Gandhi or Dr.

B.R.Ambedkar and to perform pooja before hoisting the flag,

there was specific direction by the informant-Tahsildar to

perform pooja of the portraits of national leaders and then

only hoist the national flag. There is clear violation of the said

direction, which amounts to commission of offence as alleged

against the petitioner. Therefore, FIR is not liable to be

quashed. Hence, he prays for dismissing the petition.

6.

In view of the rival contentions urged by learned

counsel for the parties, the point that would arise for my

consideration is:

“Whether

the

criminal

case

initiated against the petitioner is liable to

be quashed invoking inherent power

under Section 482 of Cr.P.C.? What

order?”

7.

My answer to the above point is in ‘Affirmative’ for

the following:

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REASONS

8.

The

specific

allegation

made

in

the

first

information that

the

accused

has committed offences

punishable under Section 2 of the Act and section 188 of the

IPC. It is the allegation that inspite of the direction by the

informant-Tahsildar to keep the portraits of Mahatma Gandhi

and Dr. B. R.Ambedkar and to perform pooja to the portraits

before hoisting the flag on the republic day celebration,

petitioner being the Headmaster of the school failed to do so.

However, he hoisted the flag on the said date without keeping

the portraits of national leaders and performing pooja to the

said portraits.

9.

Section 2 of the Act reads as follows:

“2.

Insult to Indian National Flag and

Constitution of India—Whoever in any public place

or in any other place within public view burns,

mutilates, defaces, defiles, disfigures, destroys,

tramples upon or [other