The High Court of Madras quashed criminal proceedings against petitioners for improper use of the State Emblem. The Court held the complaint was based on malafide intent to harass and lacked evidence of wrongful gain, rendering it an abuse of process.
Proceedings in C.C.No.9025 of 2018 were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.10729 of 2019 and Crl.M.P.No.5507 of 2019
Vs.
The State Represented by The Inspector of Police, Conventional Crime, Team XIX, Central Crime Branch, Vepery, Chennai – 600 007. (Ref Crime No.24/2012 dated 13.01.2012)
...Respondent
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records and quash the proceedings pending in C.C.No.9025 of 2018 on the file of the Chief Metropolitan Magistrate, Egmore, Chennai for the offences under Sections 4 and 7(ii) of the State Emblem of India Act (Prohibition of Improper Use) Act, 2005.
For Petitioners : Mr.C.Arunkumar For Respondent : Mr.A.Kishor kumar Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed seeking to call for the records and quash the proceedings pending in C.C.No.9025 of 2018 on the file of the Chief Metropolitan Magistrate, Egmore, Chennai for the offences under Sections 4 and 7(ii) of the State Emblem of India Act (Prohibition of Improper Use) Act, 2005.
the Memento and the same being used for commercial purpose for the development of Franchise net work and promote his training business in Abacus & Mental Arithmetic Education in India. The use of national Flag is in Violation of the provisions contained in Section 4 of the National Emblem & Names (Improper use) Act 1950 and punishable under Section 2 of the State Emblem of India (Prohibition of improper use) Act 2005.
C.C.No.9025 of 2018 before the Chief Metropolitan Magistrate, Egmore, Chennai and the same is pending before the said Court.
''No person shall use the emblem for the purpose of any trade, business, calling or profession or in the title of any patent, or in any trade mark or design, except in such cases and under such condition as may be prescribed.''
Therefore, the object of the said Section is that the emblem should not be used for wrongful gain. On perusal of the complaint given by the second respondent, there is no allegation that the petitioners used the emblem for wrongful gain and no
material produced to substantiate his allegation. On the other hand, as per the final report submitted by the respondent police, the use of emblem would it amounts to wrongful gain.
Sd/-
Assistant Registrar (CO)
//True Copy//
Sub Assistant Registrar
msrm
To
1.The Chief Metropolitan Magistrate, Egmore, Chennai – 8.
2.The Inspector of Police, Conventional Crime, Team XIX, Central Crime Branch, Vepery, Chennai – 600 007.
3.The Public Prosecutor,
Madras High Court.
+3ccs to Mr.C.Arunkumar, Advocate SR. No. 34400
Crl.O.P.No.10729 of 2019
and Crl.M.P.No.5507 of 2019
JPL (CO) PR (06/07/2022)
2 issues framed by the court
Whether the criminal proceedings under the State Emblem of India Act, 2005 should be quashed due to lack of allegations regarding wrongful gain and malafide intent of the complainant.
Whether the delay in registering the FIR warrants quashing of the proceedings arising from abuse of process of law.
2 provisions across 2 enactments
N.Bhasheer Ahamed
A.V.Sekhar
The State
T.V. ThamilSelvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
