Nallapaneni Sai Hemanth Kumar, Vs The State of Andhra Pradesh

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APHC010075322026

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[3521]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 1170/2026

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Between:

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NALLAPANENI SAI HEMANTH KUMAR,, S/O. RAMESH KUMAR, AGED 32, R/O. DOOR NO. 26/2/9, 2ND LANE, RITHIWK ENCLAVE, A K NAGAR, NELLORE.

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NALLAPANENI RAMESH KUMAR,, S/O. BALAYYA, AGED 60 , R/O. DOOR NO. 26/2/9, 2ND LANE, RITHIWK ENCLAVE, A K NAGAR, NELLORE.

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NALLAPANENI SREE LAKSHMI,, W/O. RAMESH KUMAR, AGED 53, R/O. DOOR NO. 26/2/9, 2ND LANE, RITHIWK ENCLAVE, A K NAGAR, NELLORE.

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NALLAPANENI POOJITHA CHOWDARY ALIAS PUJA CHOWDARY,, D/O. RAMESH KUMAR, AGED 27, OCC. ONCO-RADIOLOGY, R/O. DOOR NO. 26/2/9, 2ND LANE, RITHIWK ENCLAVE, A K NAGAR, NELLORE. PRESENTLY WORKING AT BANGLORE, KARNATAKA.

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...PETITIONER/ACCUSED(S)

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AND

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THE STATE OF ANDHRA PRADESH, (SHO DUVVADA PS, VISAKHAPATNAM CITY) REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AMARAVATI.

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JYESHTA HEMA NIKHILA ALIAS HEMA CHOWDARY, W/O N. SAI HEMANTH KUMAR, D/O JYESHTA AYODHYA RAMU, AGED 28, OCC. ADVOCATE PRACTICING AT VISAKHAPATNAM, R/O. D. NO. 31-51-5, FLAT NO. 403, GREEN CITY HEIGHTS, PALM STREET,

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2

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Dr. YLR, J Crl.P.No.1170 of 2026 Dated 16.02.2026

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VISAKHAPATNAM (RURAL), VISAKHAPATNAM DISTRICT.

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...RESPONDENT/COMPLAINANT(S):

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Counsel for the Petitioner/accused(S):

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P SAI SURYA TEJA

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Counsel for the Respondent/complainant(S):

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PUBLIC PROSECUTOR

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The Court made the following:

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ORDER :

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The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C.’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking to set aside/quash the docket order dated 29.01.2026 passed in C.C.No.436 of 2025 on the file of the learned Additional Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate, Gajuwaka, in issuing Non-Bailable Warrants against the petitioners/Accused Nos.1 to 4.

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Heard Sri Posani Venkateswarlu, the learned Senior Counsel, representing Mr. P. Sai Surya Teja, the learned counsel for the petitioners, and the learned Assistant Public Prosecutor. Perused the record.

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On perusal of the record, the petitioners/Accused Nos.1 to 4 in C.C.No.436 of 2025 are charged for the alleged offences punishable under Sections 498-A, 354(c), 323 and 506 read with Section 34 of the Indian Penal Code, 1860 (for brevity ‘the IPC’) and Sections 3 and 4 of the Dowry

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3

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Dr. YLR, J Crl.P.No.1170 of 2026 Dated 16.02.2026

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Prohibition Act, 1961. In spite of service of summons on the petitioners through WhatsApp, they did not choose to appear before the learned Trial Court.

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The Hon’ble Supreme Court, in Satender Kumar Antil v. Central Bureau of Investigation¹ , has held at paragraph No.43 as under:

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43. Hence, when viewed from any lens, we are unable to convince ourselves that electronic communication is a valid mode of service of notice under Section 35 of the BNSS, 2023, since its conscious omission is a clear manifestation of the legislative intent. Introducing a procedure into Section 35 of the BNSS, 2023, that has not been specifically provided for by the Legislature, would be violative of its intent.

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The Hon’ble Apex Court in Satender Kumar Antil has categorically

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held that summons on the accused should not be served through WhatsApp. In that view of the matter, the Non-Bailable Warrants issued against the petitioners are hereby recalled/cancelled. However, the petitioners shall appear before the jurisdictional Magistrate on the next date of hearing, i.e., 07.05.2026.

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With the above observation, the Criminal Petition is disposed of, dispensing with the presence of the petitioners/Accused Nos.1 to 4 unless their presence is specifically required by the learned Trial Court. This direction shall come into force after the appearance of the petitioners/Accused Nos.1 to 4 on 07.05.2026. In case the Presiding Officer

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1 Special Leave Petition (Crl.) No.5191 of 2021, dated 15.01.2026

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4

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Dr. YLR, J Crl.P.No.1170 of 2026 Dated 16.02.2026

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is not holding Court on 07.05.2026, the petitioners/Accused Nos.1 to 4

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shall appear on the next date of hearing as notified by the Trial Court.

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