Sugali Rajeswari Bai, Vs The State of Andhra Pradesh

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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2

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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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3

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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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4

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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