O R D E R

The order passed by Judicial First Class Magistrate Court, Kochi ( for short 'the court below') on 20. 11.2021 in C.M.P. No.36/2021 is assailed in the petition on hand. The order reads :

“Heard the counsel for both sides. CMP 36/21 filed before this court for appointing a commissioner. This court is not empowered to appoint a commissioner for examination of witness as per the permission of Cr.P.C. Hence the petitioner is directed to approach the authority concerned as per the rules for appointing the commissioner under the permission of Cr.P.C for examining the witness. For evidence to 01.12.2021.”

2. By the order above, the court below has dismissed an application filed by the petitioner seeking for appointment of a Commission for examination of witness No.2 in the witnesses list dated 16.3.2021 under Sections 284(1) and 285(1) of the Code of Criminal Procedure, 1973 (for short 'the Code') for the reason that it is devoid of jurisdiction under the Code to appoint a commission. The court below has also directed the petitioner by the impugned order to approach the authorities concerned as per the Rules for appointing the Commission under th