Disposed¶29

Devara Nagaraju v. The State of Andhra Pradesh

Andhra Pradesh HC7 Apr 2026CRLP/2676/2026

Case brief

AI extract

What is this about?

Recall of Non-Bailable Warrants; quashment of NBWs dated 27.01.2026; Section 482 Cr.P.C.; Section 528 BNSS; P.R.C.No.25 of 2023; Crl.M.P.No.1580 of 2026; conditional recall subject to appearance on next adjourned date; execution of NBWs on default; I Additional Judicial Magistrate of First Class, Chirala; Criminal Petition No.2676 of 2026; Andhra Pradesh High Court at Amaravati; Dr. Justice Y. Lakshmana Rao.

What did the court decide?

Criminal Petition disposed of: order of the learned Trial Court set aside; NBWs re-called subject to the Petitioners appearing before the learned Trial Court on the next date of adjournment without fail, failing which the NBWs shall be executed against them; miscellaneous petitions, if any pending, stand closed. ¶29

Devara Nagaraju Vs The State of Andhra Pradesh — Andhra Pradesh HC (2026) — LawSathi Research

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[3521]

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APHC010181212026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2676/2026

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Between:

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DEVARA NAGARAJU, S/O NAGESH, AGE 44 YEARS,ST-YERUKULA BY CASTE, R/0 ROSAIAH COLONY,KOTHAPETA PANCHYATHI, VETAPALEM MANDAL

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NALLABOTHULA KIRAN KUMAR, S/O IMMANIYELU,AGE 37 YRS, ST-YERUKULA BY CASTE, CHINA BETHAPUDI,BETHAPUDI PANCHAYATHI BAPATIA MANDAL

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NALLABOTHULA CHANDRA SEKHAR CHANDU KADIYAM RAJU, S/O IMMANIYELU, AGE 30 YRS, ST-YERUKULA BY CASTE,BETHAPUDI VILLAGE, BAPATIA MANDAL

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KAMPA VAMSI BABLU, S/O RAJESH, AGE 23,ST-YERUKULA BY CASTE, VRUKSHA NAGAR,STUVARTUPURAM VILLAGE, BAPATIA MANDAL, BAPATIA DISTRICT, A6.

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...PETITIONER/ACCUSED(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P. AMARAVATI, GUNTURU DISTRICT

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GAVINI VARA LAKSHMI, W/O NAGARAJU, AGED ABOUT 37 YEARSGAVINIVARIPALEM VILLAGE , CHIRALA MANDAL,PRAKASAM DISTRICT, ANDHRA PRADESH-523166

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...RESPONDENT/COMPLAINANT(S):

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Counsel for the Petitioner/accused(S):

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1.DUNGA SATYA SAI SUBRAHMANYAM

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Counsel for the Respondent/complainant(S):

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1.PUBLIC PROSECUTOR

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The Court made the following: 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 quashment of the Non‑Bailable Warrants (NBWs) dated 27.01.2026 and to allow Crl.M.P.No.1580 of 2026 in P.R.C.No.25 of 2023 dated 09.03.2026, on the file of the learned I Additional Civil Judge (Junior Division)‑cum‑I Additional Judicial Magistrate of First Class, Chirala (for brevity, ‘the learned Trial Court’) against the Petitioners/Accused Nos.1, 3, 5 & 6.

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Heard learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.

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As seen from the record, the learned Magistrate has observed that the Police have filed the Charge Sheet against the Petitioners and the case is at the stage of P.R.C. Accused Nos.1 and 3 did not appear before the Court on the adjourned date, i.e., 27.01.2026. Accused Nos.5 and 6 did not appear before the Court on 13.02.2026. Therefore, ‘the learned Trial Court’ was constrained to issue NBWs against Accused Nos.1 and 3 on 27.01.2026 and against Accused Nos.5 and 6 on 13.02.2026.

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4, Considering the facts and circumstances of the case, the order passed by ‘the learned Trial Court’ is set aside. The NBWs are re-called, subject to the Petitioners appearing before ‘the learned Trial Court’ on the next date of adjournment without fail. If the Petitioners fail to appear before ‘the learned Trial Court’ on the next date of adjournment, the NBWs shall be executed against them.

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