APHC010550502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 8868/2024 Between: 1. SHAIK NOORULLA BASHA, S/O. SHAIK KHADAR BASHA, VRO, KONDURU REVENUE VILLAGE, PENDILMARRI MANDAL, YSR DISTRICT, R/O. D. NO. 1/119, NEAR SANDHRA THEATRE, KADAPA. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY D.S.P., A.C.B., KADAPA RANGE, KADAPA REP. BY THE SPECIAL PUBLIC PROSECUTOR OF A.C.B. HIGH COURT OF ANDHRA PRADESH 2. MOPURI PAVAN KUMAR REDDY, S/O. CHIRMA NARASIMHA REDDY, AGED ABOUT 44 YEARS, RESIDENT OF KONDURU VILLAGE, PENDLIMARRI MANDAL, YSR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to set aside the order dated 22.08.2022 vide Crl. M.P. No. 633 of 2022 in C.C. No. 5 of 2019 on the file of Spl. Judge for trial of SPE and ACB Cases, Kurnool and may direct the Petitioner / Accused to deposit his Cell phone in which the conversations between the 2nd Respondent / Defacto Complainant and the Petitioner / Accused were recorded before the Special Court; and also may direct the 2nd Respondent / Defacto Complainant to give his voice samples to Forensic lab, Mangalagiri for comparison with the voice of the 2nd Respondent / Defacto Complainant recorded by the Petitioner / Accused in his Cell phone by an Expert i.e. Forensic lab, Mangalagiri, and pass IA NO: 1 OF 2024 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to grant stay of all further proceedings in C.C.No.5 of2019onfile of the Special 2 Judge for Trial of SPEand ACB Cases, Kurnool, pending disposal of Criminal Petition and may pass Counsel for the Petitioner/accused: 1. AISHWARYA NAGULA Counsel for the Respondent/complainant(S): 1. AISHWARYA NAGULA Counsel for the Respondent/complainant(S): 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 8868 OF 2024 ORDER : The petitioner is aggrieved by the order passed in CRLMP.No.633 of 2022 on the file of Special Judge for Trial of SPE and ACB cases, Kurnool whereby the petition to furnish the telephone voice conversation between the petitioner and the 2nd respondent, which occurred prior to trap proceedings. 2. The learned counsel for the petitioner submits that the said evidence would nullify the case of the prosecution and that the 2nd respondent was constantly threatening the petitioner that he would implicate the petitioner in a false case under the prevention of corruption act. Accordingly, the petitioner filed a petition seeking permission of the Court to take on record the voices recorded between the petitioner and the 2nd respondent. It is submitted that the learned counsel for the petitioner that the petitioner is willing to surrender his mobile which has voice recorded. 3. The learned counsel for the 2nd respondent filed counter and submits that the petitioner has filed discharge petition and has taken similar pleas and thereafter the present petition is filed and hence requested to dismiss to dismiss the present criminal petition. 4. Be that as it may, the petitioner has ample opportunity to submit the said material obtained together with Section 65B of the Indian Evidence Act as and when the matter is taken up for trial and the petitioner would have a liberty to depose as a defence witness and submit the said documents together with Section 65-B Indian Evidence Act Certificate. 5. Accordingly, the criminal petition is disposed off. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM 4 353 HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.8868 of 2024 Date: 24.06.2025 KGM