Sunil Kumar Yadav & Others v. State Of U.p. & Another

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

questioning.

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 CBI.

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

five days.



This article is written by Pratham Bagani of Fergusson College.

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