TELUGU JYOTHI Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of Cr.P.C. by the petitioner, who is P.W.31 in S.C.No.1 of 2021, 2021 seeking to direct the learned Special Court for Trial of Criminal Cases relating to Elected M.Ps and M.L.As, Vijayawada (for short, "the trial Court") Court"), to receive the recall and reopen petitions which are to be presented by the petitioner under Sec. 311 31 of Cr.P.C. in S.C.No.1 of 2021, without refusing the same.

(2.) The case of the prosecution, in brief, is that the petitioner's father was killed brutally on 15/3/2014. Based on the same, the Kurnool III Town Police registered a case in Crime No.119 of 2014, later after completion of the investigation, the Police filed a final report and the trial Court took cognizance in S.C.No.1 of 2021, and the evidence on both sides is closed, posted for arguments. The petitioner has received a voice call from an unknown number. Considering the evidentiary value of the voice call record, as it is very much necessary to arrive at a just decision, in petitioner's father's murder case, and also being P.W.31, in the said case, she herself in-person appeared on several adjournments and presented recall and reopen petitions under Sec. 311 Cr.P.C., but the learned Special Court refused to receive both petitions, stating that the petition herein has no locus standi to file the said petitions and only the learned Public Prosecutor should file it. Aggrieved by the same, the present petition is filed.

(3.) Heard Sri Venkateswara Rao Gudapati, learned Counsel for the petitioner, Sri E. Uma Maheswara Rao, learned Counsel appearing on behalf of Sri Varun Byreddy, learned counsel for respondent No.5 and learned Assistant Public Prosecutor, appearing for respondent No.1.