O R D E R

Petitioners are accused in C.C.No.1684/2015 of the Judicial First Class Magistrate's Court-II, Cherthala alleging an offence under Section 2 of the Prevention of Insults to National Honour Act, 1971 . The prosecution case is that the petitioners did not lower the National Flag which was hoisted in connection with the 'Independence Day' celebrations at their co-operative society even after 9.30 p.m.

2. The learned counsel for the petitioners has invited the attention of this Court to the decision rendered by the Division Bench of the Bombay High Court in Amgonda Vithoba Pandhare v. Union of India and others[2012(4)

Bom. C.R.(Cri) 219] wherein it was held:

“Explanation 4 gives various instances of disrespect to the Indian National Flag. The offence of not lowering down the flag after sunset does not fall either in the various instances which are mentioned in Explanation 4 or in Section 2 of the said Act. The averments in the complaint, therefore, even if they are accepted at its face value, does not constitute an offence within the meaning of of the said Act.”

3. Their Lordships had relied on the decision of the Apex Court in Union of India v. Navin Jindal & another rend