BHUPATBHAI JIVRAJBHAI GOHIL Vs. NARENDRAKUMAR HEMANTDAS DAMANIHAI MAKWANA

JUDGEMENT

(1.) Leave to amend paragraph 2.

(2.) By way of this application under section 482 of the Criminal Procedure Code, the applicant has prayed for an appropriate order quashing and setting aside the complaint being CR No.I 27/2004 before the Chalala Police Station on 25.5.2004.

(3.) A complaint has been filed by one Narendrakumar Hemantdas Damani on 26.5.2004 against the applicant Bhupatbhai Jivrajbhai Gohil alias Guruji for the offence under sections 406 and 420 of the I.P.C. alleging inter alia that the son of the original complainant was remaining ill and was not in a position to move and / or walk inspite of best treatment given to him by the doctors. It is submitted that the respondent No.1 original complainant met the applicant who is known as Guruji, who is Tantrik and he gave two Tavij to him and has assured him that his son will be cured within 10 days. At that time, the applicant asked for Rs.10,000/- and the original complainant trusted him and gave him Rs.7,000/-. That thereafter again the original complainant met him and the applicant assured him and gave the promise that son of the original complainant will be cured, if further religious ceremonies are performed and thereafter, the original complainant has paid further sum of Rs.15,000/-. It is alleged in the complaint that inspite of payment of Rs.27,000/- to the applicant and the alleged religious ceremonies and the assurances by the applicant @ Gujuri Tantrik and the Tavijs, the health of the son of the original complainant has not been improved and therefore, it is alleged that the applicant has committed offences under sections 406 and 420 of the I.P.C.