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V. R. K. KRUPA SAGAR
Telugu Jyothi – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. These Criminal Revision Cases filed under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.) impugning the common order dated 04.04.2024 in Crl. M.P. Nos. 382, 383 and 426 of 2024 in S.C. No. 1 of 2021 of the learned Special Court for Trial of Criminal Cases relating to Elected M.Ps and M.L.As. of the State of Andhra Pradesh, Vijayawada.
2. Heard arguments of Sri Venkateswara Rao Gudapati, the learned counsel appearing on behalf of Sri G. Venkata Sailendra for revision petitioner and Sri O. Manohar Reddy, the learned Senior Counsel and Sri P.Uma Maheswararao, the learned counsel appearing on behalf of Sri Varun Byreddy, the learned counsel for respondent Nos. 2 and 6 and Sri Sandeep, the learned Assistant Public Prosecutor for respondent No. 1/State.
3. Learned counsel for revision petitioner cited:
1. Sheela Devi Vs. State of U.P. 2018 SCC Online All 3772
2. Rekha Murarka Vs. State of West Bengal, Crl. Appeal No. 1727 of 2019
3. Varsha Garg Vs. State of Madhya Pradesh, 2022 SCC Online SC 986
4. Mina Lalita Baruwa Vs. State of Orrissa, (2013) 16 SCC 173
5. Zahira Habibulla H. Sheikh Vs. State of Gujarat, (2004) 4 SCC 158
6. Dinesh Vs. The State Through Narona Police Sta
The admissibility of evidence is critical in criminal proceedings, and hearsay evidence cannot be accepted without proper substantiation.
Orders under Section 311 Cr.P.C. are interlocutory and revisions against such orders are not maintainable, affirming the court's power to allow subsequent applications to ensure justice.
Section 311 of the Cr.P.C. allows courts to recall witnesses essential for a just decision, emphasizing that oversights in prosecution do not constitute irreparable lacunae. Judicial discretion must ....
Criminal Revision - Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powe....
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
The appellate court has the authority to admit additional evidence but must do so according to procedural law, ensuring fairness and compliance with defined legal requirements.
The court established that the rejection of a application to examine a material witness is revisable when its outcome could terminate proceedings, emphasizing the need for comprehensive evidence in t....
Electronic evidence inadmissible under Section 319 CrPC without Section 65B certificate; summoning based solely on trial-recorded admissible evidence showing prima facie conviction case if unrebutted....
The public prosecutor must independently assess the legitimacy of withdrawal from prosecution under Section 321 Cr.P.C, ensuring it serves public justice.
Rape - Power to summon material witness, or examine person present - It is clear that the application under section 311 Cr.P.C. has not been moved in a bona fide manner by revisionist to secure ends ....
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