9911796707
TMI Blog1999 (7) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... h the present appeal has been filed by special leave. Facts, thus far developed, are stated below: An FIR happned to be registered on the complaint lodged by one Venkatakrishna Reddy with the Town Police Station, Nellore, containing the following allegations. Appellant (Sri Bhagwan Samardha Sreepada Vallabha Venkata Vishanandha Maharaj) who is a youngman, son of a teacher of Gummaluru Village (A.P.) claimed to possess occult faculties and attracted a number of devotees. He represented to have divine healing powers through his touches, particularly of chronic diseases. Complainant approached him for healing his 15 year old daughter who is congenitally a dumb child. Appellant assured the complainant that the little girl would be cured of her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ief prevalent in India among devotees of God. According to the appellant, this was not a case of cheating or breach of trust. But the Magistrate was not prepared to give accord to the said report. On 2-8-1995 he ordered for reinvestigation of the case. Pursuant to the said order, the police reinvestigated and filed a report on 15-9-1997 holding that appellant has committed the offence under Section 420 of the IPC. The Magistrate took cognizance of the offence on receipt of the said report and issued warrant of arrest against the appellant. Appellant moved the High Court for quashing the proceedings on two grounds. First is that the Magistrate has no jurisdiction to order reinvestigation after receipt of the first report of the police, witho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recognised under Section 173(8) of the Code of Criminal Procedure. 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 conduct further investigation. This has been so stated by this Court in Ram Lal Narang v. State (Delhi Admn.) (AIR 1979 SC 1791). The only rider provided by the aforesaid decision is that it would be desirable that the police should inform the court and seek formal permission to make further investigation. In such a situation the power of the court to direct the police to conduct further investigation cannot have any inhibition. There is nothing in Section 173(8) to suggest that the court is obliged to hear the accused before any such directi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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