Case Note & Summary
The High Court allowed a criminal application by Applicant, an 85-year-old retired individual, seeking quashing of an FIR and charge sheet under the Prevention of Insults to National Honour Act, 1971. The case involved an inverted National Flag hoisted on Republic Day 2017 at Shri Rajani Society. The Applicant argued lack of intent, evidence, and that the terrace was not a public place. The Court, after considering the unconditional apology, Applicant's age, and procedural history including a previous quashing of charges, held that the offence was not made out as there was no proof of intentional disrespect or that the act occurred in a public place. The FIR and charge sheet were quashed, terminating all proceedings.
Headnote
The High Court of Judicature at Bombay heard a Criminal Application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) -- The Applicant sought quashing of FIR No. 13 of 2017 and Criminal Case No. 460/PS/2017 under Section 2(4)(l) of Prevention of Insults to National Honour Act, 1971 -- The Court considered the Applicant's age (85 years), unconditional apology, and lack of evidence regarding intentional inversion of the National Flag -- The Court held that the terrace of a residential society did not constitute a 'public place' under Explanation 3 of Section 2 -- The Court found no material to prove the Applicant hoisted the flag intentionally in an inverted position -- The FIR and charge sheet were quashed, and proceedings were terminated -- The judgment references paragraphs 2, 4, 5, 6, 7, 10, and 11
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Issue of Consideration: The Issue of Consideration was whether the FIR and charge sheet under Section 2(4)(l) of Prevention of Insults to National Honour Act, 1971, should be quashed due to lack of evidence, intent, and applicability of the offence to the Applicant
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Final Decision
The High Court allowed the application, quashed the impugned FIR and charge sheet, and terminated all proceedings against the Applicant
