STATE Vs. K V RAJENDRAN

JUDGEMENT

(1.) Leave granted.

(2.) The only question that needs to be decided in this appeal is whether in the exercise of the inherent powers under Section 482 of the Code of Criminal Procedure (in short, " the Code"), an order disposing of a criminal petition, refusing to grant any relief, could be modified and, thereafter, an investigation, which was with the State Police authorities could be transferred to the Central Bureau of Investigation (in short, "the CBI").

(3.) A criminal petition under Section 482 of the Code was filed by the respondents for transfer of the investigation which had been initiated for an offence under Sections 177, 186 and 506(ii) of the Indian Penal Code to the CBI. In the year 1998, the said criminal petition was disposed of by the High Court refusing to transfer the investigation to CBI. By the said order the High Court, while disposing of the said criminal petition, held that it was not necessary to hand over the investigation to CBI in the facts and circumstances of the case and the SBCID was directed to continue with the investigation. After more than 3 1/2 years of the final order refusing to transfer the investigation to CBI, an Interlocutory Application was filed in the disposed of criminal petition by the complainant/respondents but this time, the learned Single Judge of the Madras High Court transferred the investigation to the CBI and directed the State Police to hand over the records to CBI forthwith. It is this order, by which the investigation was transferred to CBI, is in appeal before us, which, on grant of leave, was heard in the presence of learned counsel for the parties.