SWAMI SHANKARANANDA GIRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision has been filed seeking indulgence of this Court under Section 482 of the Code of Criminal Procedure (Code in short) to quash the order of cognizance of the offence punishable under Section 420 of the Indian Penal Code (IPC in short) dated 02.10.2014 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case No. 510 of 2010 arising out of Saheed Nagar P.S. Case No. 63 of 2010 and directing to Issue process against the present petitioner.

(2.) The prosecution was initiated on a written report submitted to the Commissioner of Police, Bhubaneswar by one Mr. Allen, a Danish citizen alleging that Swami Shankararranda Giri, the present petitioner, was visiting his country since 1991 and was teaching 'Kriya Yoga' techniques. In a meeting, the petitioner convinced the informant that if he invests his money in India it would be doubled in two years and being induced, the informant invested an amount of rupees two crores. The said payment was made through bank transaction and also by hand during the visit of the informant to India. When the informant visited India in 2010, he did not find the petitioner in his Ashram and was also unable to contact him over phone. The informant got information that since some criminal cases were pending against the petitioner he had left the ashram to avoid police arrest. Thus he alleged that he has been cheated by the accused-petitioner.

(3.) Treating the report as FIR, Saheed Nagar PS. Case No. 63 of 2010 under Section 420 IPC was registered and the investigation was taken up. In course of investigation witnesses were examined, some documents were seized and on 02.08.2014 a preliminary charge sheet was filed by the investigating officer against the petitioner under Section 420 of the IPC keeping the investigation open for further collection of materials. Pursuant thereto the learned SDJM, Bhubaneswar by the impugned order took cognizance of the offence under Section 420 of the IPC and directed for issuance of process against the petitioner who was on police bail.