The petitioner herein is the first accused in Crime No.1201 of 2014 of Thampanoor Police Station, registered under Section 66A of the Information Technology Act, Section 124 (A) of Indian Penal Code, and also under Sections 2 and 3 of Prevention of Insults to National Honour Act. The allegation against him is that he committed acts of contempt and disrespect to the national anthem on 18.8.2014 by making noise and hue and cry, on hearing the national anthem being sung, and on the same day, as a continuation, he spread contemptuous, offensive and seditious information against the Nation through Internet. The petitioner seeks orders under Section 482 of the Code of Criminal Procedure quashing the F.I.R on the ground that the allegations made against him will not constitute any of the offences incorporated in the F.I.R. 2. On hearing both sides, I find that the allegation against the petitioner is really very serious in nature, and it requires effective investigation. The contention raised by the petitioner is not acceptable at all, that the allegations made by the police will not constitute any of the offences. No doubt, spreading any information, seditious or offensive, through the Internet, will attract Section 66A of the Information Technology Act. So also, any act of disrespect to the Constitution of India will attract Section 2 of the Prevention of Insults to National Honour Act. Article 51 A of the Constitution of India in Part IV-A, dealing with Fundamental Duties declares that it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. When every citizen of India is thus duty bound to respect and honour the Constitution of India, the National Anthem and the National Flag, any act of disrespect or contempt in breach of the said duty committed by a citizen will amount to an offence punishable under Section 2 of the Prevention of Insults to National Honour Act, which reads as follows:-
“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 otherwise shows disrespect to or 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.”
Causing obstruction or prevention to the singing of National Anthem, by making loud or contemptuous noise will also come under Section 3 of the Prevention of Insults to National Honour Act, which reads as follows:
“Prevention of singing of Indian National Anthem etc- Whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
3. Thus, I find that the contention of the petitioner is quite unacceptable that necessary ingredients of any offence are not there in the F.I.R. I find that this Court cannot act under Section 482 of the Code of Criminal Procedure in this case and quash the F.I.R. The investigation will have to proceed when the allegations are very serious in nature, and the allegations against the petitioner prima facie reveal the offences under the Information Technology Act, the Indian Penal Code and the Prevention of Insults to National Honour Act.
In the result, this Crl.M.C is dismissed in limine,without being admitted to files.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge