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HC quashes charges framed against self-proclaimed Godman 6/9/2020 10:24:33 PM EARLY TIMES REPORT JAMMU, June 9: J&K High Court quashed the charges framed by the Trial Court against Self-proclaimed Godman Mohammed Irfan, alias Sufi Aladdin Ajmer Wale Baba resident of Uttar Pradesh, who allegedly claimed to poses supernatural powers and allegedly duped people. While quashing charges framed by the Trial Court, Justice Sindhu Sharma observed that ingredients of offence under Section 420 RPC are not only that accused has cheated someone but also that by doing so he has dishonestly induced the person who was cheated to deliver the property. This shows to constitute an offence under this Section, it must be shown that the complainant parted with his property acting on a representation which was false to the knowledge of the accused and that the accused had a dishonest intention from the very outset. The fraudulent and dishonest intention of causing wrongful gain to one person and wrongful loss to another person and had intention to defraud the complainant at the time of making the promise. From the mere failure of the accused to keep up the promise, cannot be presumed as an act leading to cheating. Besides, this is not sufficient to show that false representation had been made but it is necessary to show that the representation was false to the knowledge of the accused and was made to deceive the complainant. Justice Sindhu Sharma after hearing Adv Rahul Pant for the petitioner observed that the Additional District Judge, Jammu has erred in taking cognizance and the charge framed under Section 420/295-A/34 RPC is without jurisdiction an abuse of process of law. Accordingly, this petition is allowed and charges framed against them vide order dated 06.02.2016 are quashed. Petitioners shall be released from custody in case they are not required in any other offence.JNF   Share This News with Your Friends on Social Network     Comment on this Story

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