FACTS OF THE CASE
On March 15 YS Vivekananda Reddy was ferociously murdered, at the time
when the general elections were planned. There was an immense political
outrage and a war of words between TDP-YSRCP happened over this murder.
The then Leader of the opposition, YS Jagan, requested an investigation from
the CBI. Special Investigation Team for inspecting the case formed by the TDP
government but the outcome was futile. YS Jagan Mohan Reddy was sworn in
as Chief Minister and newly forms Special Investigation Team started probing
in the matter freshly. SIT summoned various leaders of different partied for
This was followed by submitting the petition in the Andhra Pradesh High Court
seeking CBI inquiry by YS Jagan's cousin and YS Vivekananda Reddy's
daughter. Following the claims over the petition, the government said that the
situation was being thoroughly examined by the SIT and no need to be
forwarded to the CBI. After hearing the arguments from the state and the
petitioner, the court passed the orders on March 11, 2020 to forward the case to
The Andhra Pradesh High Court has ordered the Pulivendula Magistrate to hand
over all the records to the CBI, which is investigating the murder causa of
former minister YS Vivekananda Reddy. CBI took the case onward in a new
dimension alongside with the suspects who were previously trailed by the SIT.
CBI officials visited several places like Pulivendula, Kanipakam, Tirumala and
Kadiri areas as part of the investigation.
ISSUE OF THE CASE
During the investigation, the CBI suspected Sunil Kumar Yadav's role in the
murder case and interviewed him and his family a few times. But Sunil Kumar
did not cooperate and fled with his family members. Special teams were
established to find him and eventually focused on him in Goa. He was then
arrested and brought before the court of Pulivendula on August 4, then taken
into custody. CBI officials filed the chargesheet against Sunil Kumara Yadav
within the time limit of 90 days. If they do not present the chargesheet, the
accused would have received security and CBI officials have been worried that
once the Yadav gets bail, he may not collaborate with the case investigation.
JUDGEMENT AND THE COURT ORDER
This petition( Sunil Kumar Yadav) moved with the request to invalidate that
the contested indictment dated 02/21/2021 resulting from case no. 91 of 2021,
pursuant to Sections 147, 148, 149, 323, 504, 506, 308, 143 ICC, Kotwali
Unnao District Police Station as well as the cognition/summons order dated
01.04.2021 issued by the learned chief magistrate, Unnao in case no. 7150 of
2021 (State v Sunil Kumar Yadav et al.), as well as the complete proceeding
contained in attachment no. 1 and 2 respectively. The council for the petitioner
told the court that he does not want to exercise the remedy asserted in the
petition, the plaintiffs want to go to the trial court and the trial court may be
assigned to consider and decide the plaintiffs' bail application, as soon as
possible deadlines, in accordance with the law.
Considering the submission, the court dismissed this application with the
indication that if the applicants go to the relevant court within ten days of this
order and move the bail applications, the court will do the same, expeditiously
in accordance with the law.
Another application was filed requesting the extension of the deadlines for
surrender before the Court concerned by the applicants in execution of the order
of 26.07.2021 issued by this Court. The council presented that because of
unavoidable circumstances, the applicant could not give rise to the Court in
question and prayed that a little time could be granted so he can appear before
the competent court according to the previous order. Considering the facts and
circumstances of the case and the application the court granted an extension of
This article is written by Pratham Bagani of Fergusson College.