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2008 Supreme(SC) 451

Divine Retreat Centre – Appellant
Versus
State of Kerala – Respondent


JUDGMENT:

B. SUDERSHAN REDDY, J.

1. Leave granted.

2. What is the scope, content and ambit of the inherent power conferred on the High Court under Section 482 of the Code of Criminal Procedure, 1973 (for short, the Code ) is the central question that falls for our consideration in this appeal.

3. The relevant facts, giving rise to this appeal, have been set out in the impugned judgment of the High Court but they have to be recapitulated in order to enable us to give our reasons for the findings which we will be arriving at on the interpretation.

4. This appeal by grant of special leave is directed by Divine Retreat Centre assailing the judgment and order dated 10.3.2006 of the High Court of Kerala rendered in Criminal M.C. No. 405 of 2006, directing investigation of Crime No. 381 of 2005 of Koratty Police Station to be taken away from the Investigating Officer and entrusting the same to a Special Investigation Team headed by Vinson M. Paul, I.P.S. Inspector General of Police, presently working as Managing Director of Kerala Police Housing Construction Corporation, Thiruvananthapuram. The High Court also directed the same















































































































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