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2025 DAILYLAW 57664 (AP)

Dr. Yekula Kiran Kumar. (M.S) v. THE UNION OF INDIA

WP/1815/2021 · 2025-10-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010025682021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1815/2021 Between: 1. DR. YEKULA KIRAN KUMAR. (M.S), PROFESSOR OF SURGERY S/O LATE Y RAJARAO, AGED 57 YEARS, R/O KIMS HOSPITAL, GUNTURIVARITHOTA, 5TH LINE, OLD CLUB ROAD, GUNTUR DT, ANDHRA PRADESH. ...PETITIONER AND 1. THE UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NIRMAN BHAWAN, NEAR UDYOG BHAWAN, METRO STATION, MAULANA AZAD RD, NEW DELHI, DELHI 110011. 2. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION (CBI), PLOT NO. 5-B, 6TH FLOOR, CGO COMPLEX, LODHI ROAD, JAWAHARLAL NEHRU STADIUM MARG, NEW DELHI, DELHI- 110003. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS CHIEF SECRETARY (GENERAL ADMINSTRATION DEPARTMENT) SECRETARIAT BUILDINGS, AT AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 4. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY (HOME DEPT) SECRETARIAT BUILDINGS, AT AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 5. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, ANDHRA PRADESH 522502. 2 6. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, DEPARTMENT OF CID, C/O DGP OFFICE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 7. THE SUPDT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, 1-83-21/4, MVP DOUBLE RD, SECTOR 8, MVP COLONY, VISAKHAPATNAM, ANDHRA PRADESH 530017. 8. THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND MEDICAL AND FAMILY WELFARE, A.P. SECRETARIAT, AMARAVATHI, VELGAPUDI, GUNTUR DISTRICT. 9. THE DIRECTOR OF MEDICAL EDUCATION, B-BLOCK, HIMAGNA TOWERS, D.NO.189, L1C COLONY ADDA ROAD, SAIPURAM COLONY, ONE CENTER, GOLLAPUDI, VIJAYAWADA RURAL, KRISHNA DT., ANDHRA PRADESH-521225. ...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 toto issue a Writ Order or direction, particularly, one in the nature of writ of Mandamus, declaring the action of respondents in taking any action on the representation given by the petitioner dated 27.08.2020 in handing over the case to CBCID for primary investigation as illegal, arbitrary and violation of principles of natural justice and also Article 14,16,19,21 and 300-A of the Constitution of India and consequently upon receiving primary report from the CBCID direct the respondents to hand over the case investigation to an independent investigation agency i.e., CBI for further investigation as the person involved in the conspiracy are occupied high positions in the State Government Administration and they deliberately influencing the total system with their administrative, money, political, muscle power and pass IA NO: 1 OF 2021 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 to hand over the case investigation to an independent investigation agency i.e CBCID Crime Branch- Crime Investigation Department) for registration of FIR and for primary investigation as the person involved in the incidents are conspiracy are occupied high positions in the State Government administration and they deliberately influencing the total system with their administrative, money, political, muscle power and pass 3 IA NO: 1 OF 2025 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 pleased to receive the Reply copy on record by allowing the leave petition in W.P. No. 1815 OF 2021, and to pass Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. SC cum Spl. PP,CID 2. GP FOR HOME 3. P S P SURESH KUMAR, Spl. Public Prosecutor for CBI 4. GP FOR GENERAL ADMINISTRATION 5. A Channakeshavulu (PP FOR CBI) 6. The Court made the following: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1815/2021 ORDER This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ, Order or direction, particularly, one in the nature of writ of Mandamus, declaring the action of respondents in taking any action on the representation given by the petitioner dated 27.08.2020 in handing over the case to CBCID for primary investigation as illegal, arbitrary and violation of principles of natural justice and also Article 14,16,19,21 and 300-A of the Constitution of India and consequently upon receiving primary report from the CBCID direct the respondents to hand over the case investigation to an independent investigation agency i.e., CBI for further investigation as the person involved in the conspiracy are occupied high positions in the State Government Administration and they deliberately influencing the total system with their administrative, money, political, muscle power…” 2. Heard Sri Jada Sravan Kumar, learned Counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the Petitioner would submit that no further orders are required in this matter since the relief has become infructuous. 4. Learned Assistant Government Pleader is in attendance. 5. Recording the same, the Writ Petition is dismissed since the relief has become infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 28.10.2025 JLV 5 227 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1815/2021 Dt.28.10.2025 JLV