Chief Judicial Magistrate Rajesh Upadhaya ordering a local police station to register a criminal case of cheating against him.
The order came in an application moved by two minors, Tanya and Aditya, who had submitted that Nirmal Baba was cheating innocent poor people by projecting his magical solutions through his acts of jugglery. Their counsel Rohit Tripathi sought to draw the CJM's attention to the fact that the godman's act amounted to blatant cheating under IPC sections 417, 419 and 420, and under section 508 of the IPC.
The counsel pointed out that the petitioners had initially moved a complaint before the station officer of Gomati Nagar police station in Lucknow on April 10 seeking registration of a criminal case against
Nirmal Baba. On getting no response, they moved applications to higher
ups including the deputy inspector general of police as well as inspector general of police. However, when none of
the officials responded, the application was moved before the CJM, who took serious note of the case and ordered the Gomati Nagar police station to lodge an FIR and proceed against the godman.
The CJM felt that there was a prima facie case after the counsels drew his attention to the Supreme Court judgement in Sri Bhagwan Samardha vs State of AP where a similar kind of cheating in the name of medical treatment was being carried on by another godman.
Earlier, while refusing to register a case, the SO of Gomtinagar had sought to reason out that the complainants were not directly affected by Nirmal Baba, hence they had no locus standi to lodge an FIR against him.