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Issues:
1. Jurisdiction of the Magistrate to order reinvestigation without affording an opportunity to the appellant. 2. Whether the allegations of the complainant constitute an offence of cheating under Section 420 of the IPC. Analysis: 1. The case involved a godman facing a prosecution for cheating under Section 420 of the Indian Penal Code. The appellant moved the High Court to quash the criminal proceedings, arguing that the Magistrate had no jurisdiction to order reinvestigation without giving the appellant an opportunity. The High Court dismissed the petition, leading to the present appeal before the Supreme Court. 2. The allegations against the godman included claims of possessing occult faculties and divine healing powers, promising to cure a dumb child in exchange for money. The complainant alleged fraud when the promised healing did not occur, leading to a complaint for cheating. The police investigation concluded that the appellant had indeed committed the offence under Section 420 of the IPC, prompting the Magistrate to take cognizance of the offence and issue a warrant for arrest. 3. The appellant argued that the allegations did not amount to cheating as the complainant had faith in divine powers rather than fraudulent intent. However, the Court clarified that inducing someone to believe in one's divine powers and accepting money based on such inducement constitutes fraud under Section 415 of the IPC. The failure to deliver the promised result establishes the offence of cheating under Section 420, unless the accused can rebut the presumption. 4. The Court upheld the Magistrate's decision to take cognizance of the offence and dismissed the appellant's appeal. It emphasized that the police have the power to conduct further investigation even after the court's initial cognizance, as per Section 173(8) of the CrPC. The Court also clarified that the Magistrate is not obligated to hear the accused before directing further investigation, as it would burden the court unnecessarily. 5. Ultimately, the Supreme Court found no grounds to interfere with the Magistrate's order, affirming the decision to proceed with the criminal proceedings against the godman for the offence of cheating under Section 420 of the IPC. The appeal was dismissed accordingly.
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