LexSRI BHAGWAN SAMARDHA SREEPADA VALLABHA VENKATA VISHWANDADHA MAHARAJ versus STATE OF ANDHRA PRADESH AND ORS.
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A SRI BHAGWAN SAMARDHA SR,EEPADA VALLABHA VENKATA VISHWANDADHA MAHARAJ v. ST A TE OF ANDHRA PRADESH AND ORS. B JULY 15, 1999 [K.T. THOMAS AND M.B. SHAH, JJ.] Penal Code, 1860 : Sections 415 and 420-Cheating-Appellant's representation of having divine healing powers-Assurance of curing C complainant's child-Money charged-Impairment not cured-He/d- Appellant's represf!ntation of possessing divine powers is inducement referred in Section 415-Appellant's receiving of consideration and not giving the desired result-Commission of the offence of cheating presumed Code of Criminal Procedure, 1973 : Section 173(8)-lnvestigation- D Complaint lodged-Investigation conducted by the police-Report presented before the Magistrate that no offence committed-Reinvestigation ordered by the Magistrate-Report filed that an offence under Section 420 /PC committed-Petition before the High Court dismissed-Appeal filed-He/d- Power of the Court to direct the police to conduct further investigation is E not inhibited-There is nothing in the section to suggest that the Court is obliged to hear the accused before directing any reinvestigation. A complaint of cheating, against the appellant, was lodged with the police by the complainant alleging that the appellant claimed of possessing divine healing powers through his touches. On the basis of said F representation, the complainant approached the appellant for the healing of his 15 year old daughter who was dumb by birth. The appellant assured complainant of curing is daughter's impairment through his divine powers and charged a hefty sum of money as consideration. When nothing improved even after the lapse of the time limit fixed by the appellant, the complainant .r G began to doubt the appellant. In the meanwhile when the complainant came to know of the news of defrauding of some other persons by the appellant and his having mobilised a huge sum of money from his devotees, the complainant lodged ~he complaint. After investigation, the police presented a final report before the Magistrate referring it to be a case as "mistake of fact" on the ground that this was a kind of religious belief in India among devotees of H God. However, disagreeing with the said report, the Magistrate ordered for 870 - - B.S.S.V.V. MAHARAJv. STATE OF A.P. 871 reinvestigation. The police, after reinvestigation, filed a report holding that A the appellant had committed an offence under Section 420 IPC. The Magistrate, taking cognizance of the offence on the said report, issued warrant of arrest against the appellant. The appellant approached the High Court for quashing of the proceedings before the Magistrate on the grounds that the Magistrate had B no jurisdiction to order reinvestigation without affording an opportunity to the appellant after receipt of the first report of the police and that the allegations levelled against him in the complaint failed to constitute the offence of cheating. The High Court dismissed the said petition. Hence this appeal C The appellant contended that the offence of cheating was not made out from the allegations levelled against him in view of the admitted fact that the complainant reposed faith only in the divine powers which appellant would only have offered to invoke through rituals and prayers. Dismissing the appeal, this Court D HELD : 1. If somebody offers his prayers to God for healing the sick, there cannot normally be any element of fraud but if he represents to another that he has divine powers and either directly or indirectly makes that another person believe that he has such divine powers, it is inducement referred to E in Section 415 IPC. Anybody who responds to such inducement pursuant to it and gives the inducer money or any other article and does not get the desired result is a victim of the fraudulent representation. Court can in such a situation presume that the offence of cheating falling within the ambit of Section 420 IPC has been committed. It is for the accused, in such a situation, to rebut the presumption. [873-H; 874-A-B] F 2. Power of the police to conduct further investigation, after laying final report, is recognised under Section 173 (8) of the Code of Criminal Procedure, 1973. Even after the Court took cognizance of any offence on the strength of the police report first submitted, it is open to the police to G conduct further investigation. The only rider provided on the said power of c
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