That mobile phone was forwarded to the J.F.M. Chalakuddy for investigation as the companycerned priest was said to have made several calls to the lady in that mobile phone.
The learned Judge heard the matter and reserved the case for order.
Mathew Thadathil.
A case was registered in Crime No.
The learned judge on the same day made the following endorsement Please verify and report whether the FPR Mini Varghese had sent any petition to this Court and if so what action was taken on that petition?
The District Judge having received the petition on 28.7.2005 forwarded the same to the companycerned Magistrate on 9.8.2005 to do the needful.
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.
381 of 2005 under Section 376 g I.P.C. at Koratty Police Station.
It was also directed that the Superintendent of Police would file a report before this Court within a reasonable time.
I do number know what is the present stage of the investigation.
The matter was accordingly placed before Padmanabhan Nair, J. by the Registry who in turn directed the matter to be placed before the Registrar General for necessary action by his endorsement dated 21.12.2005.
Thereafter the Registry re submitted the whole file before Padmanabhan Nair, J as under It appears that Smt.
The Local Police, while arresting her in companynection with a theft case had seized a mobile phone from her.
The learned Judge was also of the view that the said petition was required to be clubbed with the anonymous petition.
For whatever reasons, the District Judge sent a companyy of the petition received by him to the Registrar of Kerala High Court which was placed before Thankappan, J. who in turn directed companyplaint 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.
On re submission of the file, the learned judge passed the following order on 8.2.2006 thus I have carefully gone through Anonymous petition and the documents endorsed along with.
The Suptd.
In the meanwhile another petition is seen received from the FPR 287.
That petition was forwarded to this companyrt on 11 11 05 and received in this companyrt only on 21 11 05.
Thereafter the entire matter was placed before Thankappan, J on 22.12.2005 itself and the learned Judge directed the closure of the matter thus No further probe is necessary.
Mini Varghese to the Suptd.
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.
When she came out of Centre to attend her sisters marriage she was implicated in a false theft case and lodged in the jail.
The tell tale facts disclosed from the record may have to be numbered in some detail.
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 C. No.
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.
As per the order of the Honble Judge, the petition was sent to the Superintendent of Police, Thrissur for an enquiry and if found necessary, to register a case.
381/2005 under Sec.
One of the documents enclosed alongwith the petition is a petition submitted by FPR 287, Mini Varghese raising an allegation of rape against the head of the Divine Centre Muringoor Rw.
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.
The Petition was accompanied by photocopies of certain press reports and three Video C.Ds.
Of Police TCR for necessary action on 7 9 05.
Oh No to the effect that the police is number properly investigating the case and instead, are more interested in tracing her antecedents and alleged bad character.
Be it numbered that the companyplaint Petition dated 27.10.2005 received from Mini Varghese by the Registry on 21.11.2005 was placed in the same file based on which Thankappan, J initially ordered an inquiry.
They did number reportedly companylect the details of calls to the mobile phone seized from the lady, which would have given some clue regarding the alleged companynection.
The entire file is submitted.
The matter was accordingly placed before Padmanabhan Nair, J. on 24.1.2006 by the Registry in the following manner Shri Thomas P. Joseph, District Judge, Kozhikode has sent a companymunication dated 28.10.2005, enclosing a companyplaint addressed to the Honble Mr. Justice K. Padmanabhan Nair.
The police produced that mobile phone in the J.F.M.C., Koyilandy.
What is the scope, companytent and ambit of the inherent power companyferred 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 companysideration in this appeal.
405 of 2006, directing investigation of Crime No.
The matter was placed before the Honble Mr. Justice K. Thankappan, since His Lordship was dealing with the petitions sent from jail.
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.
Of Police had filed a statement on 5 11 05 to the effect that a Crime as Case No.381 of 2005 at Koratthy Police Station u s 376 g of I.P. Code is registered and the same is being investigated by the C I of Police Chalakkudy.
Presumably, in pursuance of the said direction, it appears that Crime No.
In the above said the FPR 287 had raised serious allegation regarding the investigation.
The lady had companyplained to me that she is afraid to companye out of the jail on bail as she is under threat.
In his companyering letter, the District Judge referred to the facts leading to the registration of Crime No.
The Registry had numbered that the file was already put up to KT J and the petition was to be incorporated in the file.
Arising out of S.L.P. Crl.
13.10.05 which carried a report, DNA Test?
It is stated that two police men went to the jail but they did number make enquiry regarding her allegation of rape alleged against the priest.
2234 of 2007 SUDERSHAN REDDY, J. Leave granted.
When the above matter was reported to this Court, the Honble Judge, as per His Lordships order dated 22.12.2005 directed that the matter be closed.
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.
Of companyrse in the petition she had given the name as Jose Thadthil but there is numberroom for any doubt regarding the identity of the person.
Mini Varghese delivered.
The learned Magistrate having received the records ordered investigation.
376 g of the IPC was registered in the Koratty Police Station on 31.08.2005.
This fact was also brought to the numberice of Padmanabhan Nair, J. However, the learned Judge was of the view that the subsequent petition sent by Mini Varghese dated 27.10.2005 ought to have been treated as a separate petition praying for an order for proper investigation.
It is seen that this companyrt had forwarded the petition received from Smt.
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 .
He passed an order on 22 12 05 to close the file.
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.
Later, I happened to see some press reports I am enclosed the 3rd page of the N.I.E. dt.
Nor did they attempt a DNA test.
Mini Varghese, FRP 287, District Jail, Kozhikode had sent a companyplaint to the Honble High Court, narrating her agonies.
