JUDGMENT

The above Original Petition(Crl.) is filed with the following prayers;

“(1) to direct the Court of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam to ensure compliance with the law declared by the Honourable Supreme Court in In Re: To Issue Certain Guidelines regarding Inadequacies and Deficiencies in Criminal Trials Vs. State of Andhra Pradesh and others [(2021) 10 SCC 598] and followed subsequently in Ponnusamy P Vs. State of Tamil Nadu [2022 SCC OnLine SC 1543] and also based on the Criminal Rules of Practice, 1982 (as amended by Notification No.DI- 1/37442/2017 dated 02-07-2022 published in Part III of the Kerala Gazette Vol. XI No. 30 dated

26-07-2022), at the earliest;

(2) and grant such other reliefs, which are just and necessary in the interest of justice.”

2. When this Original Petition(Crl.) came up for consideration, this Court directed the Registry to get a report from the Additional Chief Judicial Magistrate Court (E & O), Ernakulam and find out whether Ext.P2 is still pending and whether final orders are passed in it. The learned Magistrate submitted a report. It will be better to extract the same;

“As per the reference cited above, I am directed to report whether Crl.MP No.4469/2023 in CP 12/2023 on the file of this court is pending and why orders are not passed in it.

In obedience to the reference, I may respectfully submit that a Crl.MP was filed u/s 207 and 208 Cr.PC on 22.07.2023 by the counsel for the accused Jolly C.J. in CP 12/23 on the file of this court seeking copies of CCTV footages. On 13.09.2023, a memo was issued to the SHO, ET South P S to furnish copies to serve to accused, and after that the Assistant Public Prosecutor of this court prayed for time to produce the same. I may submit that the copies are not produced till date stating that, for obtaining cloned copy from FSL, time is required. Hence, the petition is still pending without passing any final order for want of copy to furnish to accused.

The above facts are respectfully submitted for favour of kind information and necessary action.”

3. From the above, it is clear that the learned Magistrate is taking necessary steps to commit the case. It is also stated that, necessary steps are taken to pass orders in the petition filed by the petitioner. If that be the case, no further orders are necessary in this case. The Additional Chief Judicial Magistrate (E&O) will expedite the committal proceedings and take appropriate decision in Ext.P2, immediately.

With these directions, this Original Petition(Crl.) is disposed of.

Sd/- P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF OP(CRL.) 912/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED

22-03-2023 IN CRL.M.C NO. 637 OF 2023 OF THE HONOURABLE SESSIONS COURT, ERNAKULAM.

EXHIBIT P2 TRUE COPY OF THE PETITION FILED BEFORE THE COURT OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES), ERNAKULAM AS CRL.M.P NO.

4469 OF 2023.

EXHIBIT P3 TRUE TYPED COPY OF THE PROCEEDINGS AS SHOWN ON THE WEBSITE OF THE E- COURT.

RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE