IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23103 of 2009 Geeta Jaiswal, wife of Doma Sah, posted as Headmistress of Sharda Braj Raltiegh School, Mohania, resident of village and PS Mohania, district Kaimur – Petitioner. Vs. The State of Bihar. 2 11.8.2009 Heard learned counsel for the petitioner and the State The petitioner has filed this application for quashing the order, dated 18.4.2009 passed by the Chief Judicial Magistrate, Kaimur in Mohania PS Case No. 294/2007 whereby and whereunder cognizance for the offences under section 2 of the Prevention of Insult of National Honour Act, 1971 was taken. The allegation in the F.I.R. is that on 15.8.2007 the petitioner had displayed the National Flat with the “saffron” down which is an offence under section 2(l) of the aforesaid Act. Learned counsel for the petitioner submits that section 2(l) envisages that the act of displaying the flag up side down should be intentional. It is submitted that due to mistake the National Flag was displayed with the saffron down and, therefore, there was no intention on behalf of the petitioner to insult the Flag. It is further submitted that on noticing the mistake correction was made immediately and in fact it is the finding of the Investigating Officer who submitted final form in this case stating that the mistake was committed by one Lalji Sah. The language of sub-section (l) of section 2 of the Act is that there must be an intention to display the Indian National Flag with saffron down. This is not the case where there is an allegation that the 2 National Flag was displayed all day long in such a manner as to attract section 2(l) of the Act, rather, the mistake took place on 15.8.2007. Considering the aforesaid facts, this court finds that there was no intention on the part of the petitioner to insult the National Flag and as such the order taking cognizance, dated 18.4.2009 is hereby quashed. In the result, this application is allowed. haque (Sheema Ali Khan, J.)