Andhra Pradesh High Court - Amravati
Sanjay Nakra vs The State Of Andhra Pradesh on 5 February, 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA
THURSDAY, THE FIFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
:PRESENT:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
lA No. 2 OF 2026
IN
CRLRC NO: 123 OF 2026
Between:
1. Sanjay Nakra, S/o. J.C. Narka,Hindu, Aged 59 years. Vice
President,Nominee, Parag Milk Food Ltd.,Samudrapalli Village,
Pengaragutta Post Palamner Mandal, Chittoor District
2. M/s. Parag Milk Food Ltd, Samudrapalli Village, Pengaragutta Post
Palamner Mandal, Chittoor District
...Petitioners/Accused Nos.2 & 3
AND
1. The State of Andhra Pradesh, Represented by Public Prosecutor
High Court of Andhra Pradesh, Amaravathi
2. The State of Andhra Pradesh, Rep. by its Food Safety Officer,
Krishna District, Machilipatnam
... Respondents
Counsel for the Petitioners: SRI P V L BHANU PRAKASH
Counsel for the Respondent No.1: PUBLIC PROSECUTOR
Revision Petition under Section 438 (1) of BNSS R/w. 528 of BNSS
praying that in the circumstances stated in the affidavit filed in support of
the petition, the High Court may be pleased to suspend the sentence
imposed in the Judgment dated 22.12.2025 passed in CrI.A. No. 217 of
2019 of 2024 by the Hon'ble VII Additional District and Sessions Judge at
Vijayawada in dismissing the Appeal by confirming the Judgment dated
27.08.2019 passed in C.C No. 1394 of 2015 by the Hon'ble Chief
T
Metropolitan Magistrate, Vijayawada, Pending disposal of CRLRCNo.123
of 2026, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to
show cause as to why this application should not be complied with, made
the following order.(The receipt of this order will be deemed to be the
receipt of notice in the case).
ORDER:
"The present interlocutory application was filed under Section 438 (1) of BNSS, 2023 by the petitioners to suspend the conviction and sentence dated 27.08.2019 passed in C.C.No.1394 of 2015 on the file of learned Chief Metropolitan Magistrate, Vijayawada, which was confirmed vide Judgement dated 22.12.2025 passed in Crl.A.No.217 of 2019 on the file of learned VII Additional District and Sessions Judge, Vijayawada and enlarge the petitioners/accused on bail, pending disposal of the main Criminal revision case.
Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor on behalf of the State.
In view of the submissions made by the learned counsel for the petitioners, since, it is represented that there are merits in the revision preferred by the petitioners and that they could not send the second sample because of the delay occurred in obtaining sanction for prosecution, the sentence passed in Judgment dated 27.08.2019 passed in C.C.No.1394 of 2015 on the file of learned Chief Metropolitan Magistrate, Vijayawada, alone is suspended pending disposal of the Criminal Revision Case under the following conditions:
i. The petitioner/A2 is directed to surrender before the learned Chief Metropolitan Magistrate, Vijayawada, by 09.02.2026 and, on such surrender, the petitioner/A2 shall be enlarged on bail on executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two f sureties for a like sum each to the satisfaction of the learned Chief Metropolitan Vijayawada, on the same day. Magistrate, ii. That the petitioner shall appear before this Court as and when directed pending disposal of the revision"
SD/- K.V.RAGHAVULU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The Chief Metropolitan Magistrate, Vijayawada
2. The VII Additional District and Sessions Judge, Vijayawada
3. The Food Safety Officer, Krishna District, Machilipatnam, State of Andhra Pradesh (By RPAD)
4. One CC to SRI P V L BHANU PRAKASH Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P. [OUT]
6. One spare copy HIGH COURT DR.VJP,J DATED:05/02/2026 LIST THE MATTER IN USUAL COURSE ORDER lA No. 2 OF 2026 IN CRLRC NO: 123 OF 2026 DIRECTION