N.N. Mathur, J. - (1.) The instant revision is directed against the order dated 7.8.2003 passed by the Additional Chief Judicial Magistrate No. 1, Chittorgarh framing the charge against the petitioner for offence under Section 2 of the Prevention of Insults to National Honour Act, 1971 (hereinafter referred to as the Act of 1971).
(2.) The facts giving rise to the instant revision petition are that a news appeared in the local News Paper of Chittor namely "Dainik Jai Mewar" dated 11.10.92 to the effect that during the shooting of a Film a scene was picturised shooting the National Flag at the Stadium. The Flag was not unfolded (Sic. folded. Ed.) in the evening. On the basis of this news the police registered a case against the petitioner for offence under Section 2 of the Act of 1971. On filing the charge-sheet the learned Magistrate has framed the charge against the petitioner for offence under Section 2 of the Act of 1971.
(3.) I have heard learned counsel for the petitioner and perused the record. The case has been registered simply on the basis of a news appearing in the News Paper. During the investigation statements of some of the witnesses have been recorded including Arvind and Laxmi Narain who have stated that after completing the shooting at 4-5.00 O' Clock they had taken down flag. This statement falsifies the news flashed in the News Paper. In view of the statements of these two witnesses there are no chances of the petitioner being ultimately held guilty of the charge levelled against him. Even otherwise a bare reading of Section 2 will show that no offence has been committed by the petitioner. Section 2 of the Act of 1971 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, defies, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written or by acts) the Indian national Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. Explanation 1:- Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute an offence under this Section. Explanation 2:- The expression "Indian National Flag" includes 1 any picture painting, drawing or photograph or other visible representation of the Indian National Flag, or of any part or parts thereof, made of any substance or represented on any substance. Explanation 3:-The expression "public place" means any place intended for use by, or accessible to, the public and includes any public conveyance.";