हिंदी में पढ़ने के लिए यहां क्लिक करें
Case Summary
| Citation | Shri Bhagwan S.S.V.V. Maharaj v. State of A.P., 1999 |
| Keywords | |
| Facts | Sri Bhagwan S.S.V.V. Maharaj represented to have divine healing powers through his touch, particularly of chronic diseases. The complainant approached him for healing his 15 year old daughter who is congenitally a dumb child. Sri Bhagwan S.S.V.V. Maharaj assured the complainant that the little girl would be cured of her impairment through his divine powers. He demanded a sum of Rs.1 lac as consideration to be paid in instalments. The first instalment demanded was Rs.10,000/- which, after some bargaining, was fixed at Rs.5,000/-. He waited eagerly for the improvement of his dumb child till 1994 which was the time limit indicated by the appellant for the girl to start speaking. But he could not get a result. In the meanwhile, he got the news that accused had cheated several persons and earned more than one crore of rupees. It was then that the complainant realized the fraud committed by the appellant. When he moved the High Court to quash the criminal proceedings pending against him, the motion was dismissed as per the impugned order against which the present appeal has been filed by special leave. |
| Issues | Whether this matter falls in ambit of section 420 of IPC and fulfills its ingredients? |
| Contentions | |
| Law Points | |
| Judgment | 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 other person believe that he has such divine powers, it is inducement referred to 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. The court can in such a situation presume that the offence of cheating falling within the ambit of Section 420 IPC has been committed. So the contention that the allegations do not disclose an offence under Section 420 IPC has to be repelled and we are of the opinion that the Magistrate has rightly taken cognizance of the said offence. |
| Ratio Decidendi & Case Authority |
