Disposed¶60

Sugali Thirumala Naik v. The State of Andhra Pradesh

Andhra Pradesh HC19 Jul 2026CRLRC/804/2026

Case brief

AI extract

What is this about?

Vehicle release; Section 503 BNSS; return of application; maintainability; judicial side; C.F.R.Nos.1371 and 1372; Crime No.30 of 2026 Owk Police Station; Nandyal; Banaganapalle; Judicial First Class Magistrate; Criminal Revision Case; Sections 438 and 442 BNSS; Sunderbhai Ambalal Desai v. State of Gujarat; AIR 2003 SC 638; disposal within two weeks; Andhra Pradesh High Court 2026.

What did the court decide?

Both Criminal Revision Cases disposed of by common order; Trial Court directed to entertain C.F.R.Nos.1371 and 1372 (dated 18.06.2026) under Section 503 BNSS, pass appropriate orders on the judicial side keeping in view Sunderbhai Ambalal Desai v. State of Gujarat, and dispose of the applications within two (02) weeks. ¶60

Sugali Thirumala Naik Vs The State of Andhra Pradesh — Andhra Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Criminal Revision Cases challenging the return order dated 22.06.2026 of the Judicial First Class Magistrate, Banaganapalle — by which the petitioners' applications under Section 503 BNSS for release of the vehicle in Crime No.30 of 2026 of Owk Police Station were returned questioning their maintainability — required the Trial Court to entertain the applications and pass appropriate orders on the judicial side.

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Court's answer

When an application is presented, the Trial Court ought to entertain the same and pass appropriate orders on the judicial side, rather than return it with an endorsement questioning its maintainability.

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Ratio / Principle

The Trial Court is directed to entertain the petitions filed in C.F.R.Nos.1371 and 1372, dated 18.06.2026, under Section 503 of the BNSS and pass appropriate orders on the judicial side, keeping in view the law laid down by the Hon'ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat.

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Key takeaways

The Trial Court is further directed to dispose of the applications within a period of two (02) weeks from the date of receipt of the copy of this order.ratio¶60

Detailed headnote1 paragraphs

Common order of Dr. Justice Y. Lakshmana Rao (High Court of Andhra Pradesh at Amaravati, 20.07.2026) disposing Criminal Revision Cases Nos. 804 & 805 of 2026, filed under Sections 438 and 442 of the BNSS, challenging the return order dated 22.06.2026 of the Judicial First Class Magistrate, Banaganapalle, whereby the petitioners' applications under Section 503 BNSS for release of the vehicle involved in Crime No.30 of 2026 of Owk Police Station (C.F.R.Nos.1371 and 1372, dated 18.06.2026) were returned with an endorsement questioning their maintainability. Held that a presented application ought to be entertained by the Trial Court and appropriate orders passed on the judicial side; the Trial Court was directed to entertain the petitions keeping in view the law laid down by the Hon'ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638) and to dispose of the applications within two (02) weeks.

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Dr. YLR, J Crl.R.C.Nos.804 & 805 of 2026 Dated 20.07.2026

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[3521]

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APHC010369532026

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

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MONDAY, THE 20^th DAY OF JULY 2026

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PRESENT

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

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CRIMINAL REVISION CASE NOs: 804 & 805 of 2026

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1.CRIMINAL REVISION CASE NO: 804/2026

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Between:

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SUGALI THIRUMALA NAIK, S/O SUGALI VENKATESWAR NAIK, AGED ABOUT 37 YEARS R/O H.NO. 6-155-1, CHALLA CHINNAPUREDDY COLONY, OWK-VILLAGE AND MANDAL, NANDYAL DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI.THROUGH THE STATION HOUSE OFFICER, OWK POLICE STATIONNANDYAL DISTRICT.

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THE DEPUTY COMMISSIONER OF EXCISE, PROHIBITION,KURNOOL,KURNOOL DIST.

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TELUGU LAKSHMANNA, S/O PULLAIAH,AGE30YRS,OCCFISHERMAN6-128/8,GURRALA PETA,OWK,NANDYALDIST.

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ANAKALA PAPAIAH, S/O MADDILETI,AGE41,OCCFISHERMAN 6- 134-A,CCR COLONY,OWK,NANDHYALA DIST.

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NITTURU NAGARJUNA, S/O NAGA SESHULU,AGE37,OCCFISHERMAN6-120-5,OWK,NANDYALADIST.

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SUGALI NAGARAJU NAIK, S/OCHINNA SUBBARAYUDU

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Dr. YLR, J Crl.R.C.Nos.804 & 805 of 2026 Dated 20.07.2026

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,AGE.34,OCC.LABOURER, METTUPALLI ROAD,NANDYALA DIST

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...RESPONDENT(S):

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Counsel for the Petitioner:

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JANARDHANA REDDY PONAKA

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Counsel for the Respondent(S):

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PUBLIC PROSECUTOR

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2.CRIMINAL REVISION CASE NO: 805/2026

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Between:

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SUGALI RAJESWARI BAI,, W/O SUGALI NAGARAJU NAIK, AGED ABOUT 30 YEARS, R/O H.NO. 6-155-1, CHALLA CHINNAPUREDDY COLONY OWK-VILLAGE AND MANDAL, NANDYAL DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI.THROUGH THE STATION HOUSE OFFICER, OWK POLICE STATION NANDYAL DISTRICT.

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THE DEPUTY COMMISSIONER OF EXCISE, PROHIBITION,KURNOOL,KURNOOL DIST.

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TELUGU LAKSHMANNA, S/O PULLAIAH,AGE30YRS,OCCFISHERMAN6-128/8,GURRALA PETA,OWK,NANDYALDIST.

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ANAKALA PAPAIAH, S/OMADDILETI,AGE41,OCCFISHERMAN 6-134A,CCR COLONY,OWK,NANDHYALA DIST.

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NITTURU NAGARJUNA,

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S/ONAGASESHULU,AGE37,OCCFISHERMAN6-1205,OWK,NANDYALADIST.

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SUGALI THIRUMALA NAIK, S/O SUGALI VENKATESWAR NAIK, AGED ABOUT 37 YEARS R/O H.NO. 6-155-1, CHALLA

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Dr. YLR, J Crl.R.C.Nos.804 & 805 of 2026 Dated 20.07.2026

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CHINNAPUREDDY COLONY, OWK-VILLAGE AND MANDAL, NANDYAL DISTRICT

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SUGALI NAGARAJU NAIK, S/OCHINNA SUBBARAYUDU ,AGE 34,OCC LABOURER,METTUPALLI ROAD,NANDYALA DIST

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...RESPONDENT(S):

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Counsel for the Petitioner:

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JANARDHANA REDDY PONAKA

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Counsel for the Respondent(S):

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PUBLIC PROSECUTOR

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The Court made the following:

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COMMON ORDER:

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These two Criminal Revision Cases are heard together and are being disposed of by this common order, as, though the petitioners are different, the crime registered against them is one and the same.

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These Criminal Revision Cases are filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), challenging the return order dated 22.06.2026 passed by the learned Judicial First Class Magistrate, Banaganapalle.

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

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As seen from the record, the petitioners filed applications under Section 503 of ‘the BNSS’ seeking release of the vehicle involved in Crime No.30 of 2026 of Owk Police Station, Nandyal District. The said

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Dr. YLR, J Crl.R.C.Nos.804 & 805 of 2026 Dated 20.07.2026

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applications were returned by the learned Trial Court with an endorsement questioning their maintainability. When an application is presented, the learned Trial Court ought to entertain the same and pass appropriate orders on the judicial side. Therefore, the learned Trial Court is directed to entertain the petitions filed in C.F.R.Nos.1371 and 1372, dated 18.06.2026, under Section 503 of ‘the BNSS’, and pass appropriate orders on the judicial side, keeping in view the law laid down by the Hon'ble Apex Court

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in Sunderbhai Ambalal Desai v. State of Gujarat¹ .

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In the result, these two Criminal Revision Cases are disposed of. However, the learned Trial Court is directed to dispose of the applications within a period of two (02) weeks from the date of receipt of the copy of this order.

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As a sequel, Miscellaneous petitions, if any pending, shall stand closed.

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_________________________ DR. Y. LAKSHMANA RAO, J

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Date: 20.07.2026 Note: Issue C.C.by today B/o. RSI

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Whether the order is :

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Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No

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1 AIR 2003 SC 638