APHC010172882019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 7458/2019 Between: 1. J K VARMA, S/O.JAMPANA RAMABHADRA RAJU, AGED ABOUT 43 YEARS, R/O.D.NO.50-117-17/3, VARMA'S MANSION, HILL VIEW LAYOUT, SEETHAMMADHARA, VISAKHAPATNAM, WORKING AS H. R.ADMINISTRATION, SRADDHA HOSPITAL, D.NO.14-37- 45, COLLECTOR OFFICE JUNCTION, VISAKHAPATNAM- 530001 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM, ANDHRA PRADESH. 3. THE INSPECTOR OF POLICE, MAHARANIPETA POLICE STATION, VISAKHATPANAM CITY, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of MANDAMUS, declaring the action of the respondents 2 and 3 herein more particularly respondent No.3, in registering multiple FIRs namely FIR No.87/2019, dated 02.06.2019, registered under sections 419, 468, 471 r/w 120-B of Indian Penal Code and Sections 18 and 19 of the Andhra Pradesh Transplantation of Human Organs Ac tt, 1995 and FIR No.94/2019, dated 09.06.2019, registered under Sections 419, 468, 471 r/w 120-B of Indian Penal Code and Sections 18 and 19 of the Andhra Pradesh Transplantation of Human Organs Act, 1995, in respect of an offence or different 2 offences committed in the course of the same transaction under different provisions of Indian Penal Code i.e., related to illegal Kidney Transplantation Surgery and alleged same incident allegedly charged for the same and different offences registered in first FIR vide FIR No.58/2019, dated 15.04.2019, registered under Sections 420, 120-B r/w 34 of Endian Penal Code and Sections 18 and 19 of the Andhra Pradesh Transplantation of Human Organs Act, 1995 and also further attempting to register more FIRs in respect of the same transaction, instead of consolidating the alleged subsequent FIRs into one first FIR duly following the procedure, as illegal, arbitrary, unjust, whimsical, violative of Articles 14, 21 and 19 of Constitution of India and contrary to the provisions of Criminal Procedure Code, and consequently merge the subsequent FIRs namely FIR No.87/2019, dated 02.06.2019 and FIR No.94/2019, dated 09.06.2019 along with first FIR 58 of 2019 for the purpose of one and same charges and trying together for the alleged same common offences duly cancelling the subsequent FIR.87/2019 and FIR.94/2019 and consequently direct the Respondents 2 and 3 herein not to register any fresh FIR in respect of the above alleged crimes of alleged illegal Kidney Transplantation Surgery, in the interests of justice and to pass IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 2 and 3 herein not to register any new crime / FIR in respect of the crime in connection with FIR No.58/2019, dated 15.04.2019, on the file of the 3rd respondent herein, pending disposal of the above Writ Petition and pass IA NO: 2 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 and 3 to club/merge the subsequent FIRs namely FIR No.87/2019, dated 02.06.2019 and FIR No.94/2019, dated 09.06.2019 into first FIR No.58 of 2019 for the purpose of single set of charge and trial in the interests of justice pending disposal of the Writ petition in the interest of justice and pass Counsel for the Petitioner: 1. CHALASANI AJAY KUMAR Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 7458 of 2019 The Court made the following Order: Heard learned counsel for the petitioner and learned Additional Government Pleader representing the State is in attendance. 2. Learned Additional Government Pleader on written instructions would submit that the Police completed investigation in Crime Nos.58 of 2019, 87 of 2019 and 94 of 2019 and laid charge sheets vide C.C.No.2049 of 2020, 3286 of 2020 and 3288 of 2020 all on the file of the learned II Additional Chief Metropolitan Magistrate, Visakhapatnam, respectively. He would further submit that no FIR’s were registered on the same incident subsequent to the above cases. 3. In the light of the submissions made by learned Additional Government Pleader, nothing remains for further adjudication in the present Writ Petition. 4. Recording the submission made by learned Additional Government Pleader, without going into the merits of the case, 4 this Writ Petition is closed at the stage of admission itself. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 08.09.2025 PSA 5 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 7458 of 2019 Date: 08.09.2025 PSA