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 authority to investigate/inquire into various other allegations leveled in an anonymous petition filed against Divine Retreat Centre. The impugned judgment and order arises out of the proceedings suo motu initiated by the Court on the basis of anonymous petition addressed to Justice Padmanabhan Nair.

5. The tell-tale facts disclosed from the record may have to be noted in some detail. One Mini Varghese, a female remand prisoner, sent a petition to the District Judge, Kozhikode, inter alia, alleging that while she was taking shelter in Divine Retreat Centre she had been subjected to molestation and exploitation and became pregnant from Father Jose Thadathil (later identified as Father Mathew Thadathil). When she came out of Centre to attend her sister s marriage she was implicated in a false theft case and lodged in the jail.

6. The District Judge having received the petition on 28.7.2005 forwarded the same to the concerned Magistrate on 9.8.2005 to do the needful. The Judicial Magistrate First Class, Koyilandi recorded the statement of the victim on 11.8.2005 and thereafter the matter was transferred to the Judicial Magistrate First Class, Chalakuddy. The learned Magistrate having received the records ordered investigation. A case was registered in Crime No. 381 of 2005 under Section 376(g) I.P.C. at Koratty Police Station.

7. For whatever reasons, the District Judge sent a copy of the petition received by him to the Registrar of Kerala High Court which was placed before Thankappan, J. who in turn directed complaint to be forwarded to the Superintendent of Police, Thrissur to cause an inquiry and if necessary to register a case and report to the Court. The Superintendent of Police as well as the Circle Inspector of Police (Investigating Officer) submitted their reports duly informing the Registry that a case has already been registered and was being investigated.

8. On 28.10.2005, District Judge, Kozhikode, addressed a letter to the Registrar General, High Court of Kerala enclosing anonymous Petition dated 26.10.2005 received by him addressed to Justice K. Padmanabhan Nair. The Petition was accompanied by photocopies of certain press reports and three Video C.Ds. In his covering letter, the District Judge referred to the facts leading to the registration of Crime No. 381 of 2005 on the file of Koratty Police Station on 31.8.2005 under Section 376(g) I.P.C. and further stated:

In the meantime, Smt. Mini Varghese delivered. The Local Police, while arresting her in connection with a theft case had seized a mobile phone from her. The police produced that mobile phone in the J.F.M.C., Koyilandy. That mobile phone was forwarded