Case Note & Summary
The petitioner, Amgonda Vithoba Pandhare, was working as a Head Master in a Zilla Parishad Primary School in Sonlagi, Taluka Jat, District Sangli. On Republic Day, 26th January 2010, a flag hoisting programme was held in the school in the morning. In the evening, when the petitioner was going to the school to bring down the flag at the appropriate time, he collapsed and became unconscious. He was admitted to Shri Sai Hospital under the care of Dr. Mhaisale, a heart specialist. The petitioner informed his brother and another teacher to arrange for lowering the flag, and also informed Shri Kumbhar, the Centre Head, to take precaution to bring down the flag before sunset. The petitioner was advised rest from 28th January to 31st January 2010. Despite these circumstances, respondent No.5 filed an FIR (C.R. No. 1 of 2010) dated 26th January 2010 alleging insult to the national flag. The petitioner filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR and the consequent proceedings in SCC No. 150 of 2010 pending before the Judicial Magistrate, First Class, Jat, Sangli. The court heard the learned counsel for the petitioner, the Union of India, and the State. The court observed that the petitioner had no intention to insult the national flag; his sudden illness prevented him from performing the duty. The court held that continuing the proceedings would be an abuse of the process of law. Accordingly, the court quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR registered against Head Master for not lowering national flag on Republic Day due to sudden collapse and hospitalization - Court held that no criminal intent was made out and continuation of proceedings would be an abuse of process - Quashed FIR and all consequential proceedings (Paras 1-6). B) Prevention of Insults to National Honour Act, 1971 - Insult to National Flag - Section 2 - Mens Rea - Petitioner, a Head Master, collapsed due to heart ailment and was hospitalized, thus unable to lower the flag - Court held that absence of intent to insult the flag is a valid defence and the Act requires mens rea - FIR quashed (Paras 3-6).
Issue of Consideration
Whether the FIR and proceedings against the petitioner for alleged insult to the national flag should be quashed under Section 482 CrPC when the petitioner was prevented by sudden illness from lowering the flag.
Final Decision
The court allowed the petition and quashed the FIR C.R. No. 1 of 2010 and all proceedings arising therefrom, including SCC No. 150 of 2010 pending before the Judicial Magistrate, First Class, Jat, Sangli.
Law Points
- Quashing of FIR under Section 482 CrPC
- Lack of criminal intent
- Medical emergency as valid defence
- Prevention of Insults to National Honour Act
- 1971
- Section 2
- Abuse of process of law
