O R D E R

This Criminal Miscellaneous Case is filed with the following prayers:

“To quash Annexure-A11 Common Order dated

08.02.2018 in Crl. M.P. No.143/2017 and Crl.M.P. No.14/2018 in SC No.1357/2013 on the files of the Special Court (CBI/SPE), Thiruvananthapuram, in the interest of justice.”

2. Annexure-A11 is a common order passed by the Special Judge (CBI/SPE), Thiruvananthapuram in Crl.M.P. No.143/2017 and Crl.M.P. No.14/2018. These petitions were filed by accused Nos.5 and 4 respectively for getting copy of the hard disc produced by the Investigating OfÏcer before the court as M.O. 33 and M.O. 34. After submitting the final report, a further investigation was conducted by the Central Bureau of Investigation and thereafter, on conclusion of it, a supplementary final report was submitted and which was accepted. On perusal of supplementary final report, it was learned that telephonic conversation of approver A.S. Santhosh Kumar, who is the petitioner herein, has been produced before the court as M.O.33 and M.O.34. But the copies of the same was not furnished to respondent Nos. 2 and 3 and hence the present petitions were filed by accused Nos. 5 and 4 respectively. The learned Sessions Judge, after hearing both sides, allowed the petitions in part and the accused Nos.4 and 5 were permitted to peruse/hear the conversation in the hard disc namely MO 33 and MO 34 produced by the Investigating OfÏcer from the ofÏce room of the court in the presence of Sheristadar or the person nominated by him on his behalf. The reading/perusing of the hard disc is permitted only in the presence of the learned Public Prosecutor as per the order. That order is challenged by the petitioner herein, who is the approver in SC No.1357/2013.

3. This Criminal Miscellaneous Case is pending before this Court from 2013 onwards. When this Crl.MC came up for consideration, this Court directed the Registry to get a report from the trial court about the present stage of the case. The learned Sessions Judge submitted a report. The same is extracted hereunder:

“In obedience to the reference above, I may most respectfully submit that, Abdul Rasheed who had been implicated as accused no.5 in SC 1357/2013 on the file of this court (2nd respondent in Crl. MC 1507/2018 on the file of Hon'ble the High Court) was discharged u/s 227 Cr.PC vide order in CMP.56/2018 dated 24.09.2019 of this court. Case against M. Santhosh Nair (3rd respondent in Crl. MC 1507/2018 on the file of Hon'ble the High Court) is still pending and he is the 4th accused in SC.1357/2013 on the file of this Court.

There is no evidence on records on the file of this Court that the order mentioned in Annexure - A11 in Crl.MC 1507/2018 was complied.

The report is submitted for gracious consideration.”

4. From the above, it is clear that the 2^nd respondent in this case is already discharged under Section 227 Cr.PC. The case against the 4^th accused, who is the 3^rd respondent herein, is pending as SC No. 1357/2013. At this distance of time, I am of the considered opinion that, the impugned order need not be interfered by this Court. Moreover, the interim order passed by this Court was not extended after 2019. Therefore, the accused might have heard the contents in the hard disc as ordered by the trial court in Annexure-A11 order. In such circumstances, this Crl.MC need not be retained here. Hence, the Crl.MC can be closed.

Therefore, this Criminal Miscellaneous Case is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nvj APPENDIX OF CRL.MC 1507/2018 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED

6.7.2017 IN S.C NO.244/2016 ON THE FILES OF THE LEARNED SPECIAL COURT (SPE/CBI), THIRUVANANTHAPURAM.

ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED

27.6.2017 IN CRL.M.C NO.1554/2016.

ANNEXURE A3 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN FLASH EVENING DAILY HAVING CIRCULATION AT KOLLAM ON

9.11.2010.

ANNEXURE A4 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 23.8.2012.

ANNEXURE A5 TRUE COPY O