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Vishal Bansal & Ors. vs. State of Rajasthan & Anr.

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Prevention of Insult of National Honour Act, 1971–Sec. 2–Order of taking cognizance–Justification–Allegation that the police officer put his shoe on the falling flag–Complainant party tried to create the obstacle in hoisting the national flag in spite of order in operation u/s. 144 Cr.P.C.–Petitioners were discharging their official duty–They were bound to maintain law and order–Prosecution was instituted with malafide intention–Held, impugned order is perverse and liable to be quashed.