APHC010019202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 433 OF 2025 Between: Polamarasetti Atchim Naidu, S/o Satyanarayana, Aged about 40 years, Occ: Correspondent of Sri Venkateshwara School of Nursing, R/o Sai Laxman Enclave, GV Koteswara Rao gari Street, Anakapalli Town, Visakhapatnam. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by Public Prosecutor, High Court of AP. 2. Smt. Vaspari Satyavathi, W/o K.EIisharao, Aged about 62 years, Occ: Assistant Social Welfare Officer, Anakapalli, R/o. Veeravarapupeta, Thuni Mandal, Kakinada District. ...Respondents Petition filed under Section 482 of Cr.P.C and 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records and quash the all proceedings against the Petitioner/Accused No.1 in CC. No. 60 of 2023 on the file of the file of P* Additional Civil Judge (Junior Division)-cum-XI*^ Additional Metropolitan Magistrate, Anakapalli in Crime.No.252 of 2022 on the file of Anakapalli Town P.S. I h' ' lA MQ! 2 OF 2025 ' Petition under Section the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in CC. No. 60 of 2023 on the file of the file of P'Additiohal Civil Judge (Junior Division)-cum-Xl"’ Additional Metropolitan Magistrate. Anakapalli in Crime.No.252 of 2022 on the file of Anakapalli Town P.S. Counsel for the Petitioner: Sri V.V.S.Ramakrishna.A Counsel for the Respondent No.1: Public Prosecutor The Court made the following order: 482 of Cr.P.C and 528 of BNSS, praying that in I APHC010019202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 433/2025 Between: 1.POLAMARASETTI ATCHIM NAIDU, S/0 SATYANARAYANA, AGED OCC CORRESPONDENT OF SRI SCHOOL OF NURSING, R/O SAI LAXMAN GV KOTESWARA RAO GARI STREET, ANAKAPALLI ABOUT 40 YEARS, VENKATESHWARA ENCLAVE TOWN, VISAKHAPATNAM. ...PETITIONER/ACCUSED AND REP BY PUBLIC 1.THE STATE OF ANDHRA PRADESH PROSECUTOR, HIGH COURT OF AP. 2 SMT VASPARI SATYAVATHI, W/0 K.EIISHARAO AGED ABOUT 62 OCC ASSISTANT SOCIAL WELFARE OFFICER,ANAKAPALLI, R/O VEERAVARAPUPETA,THUNI MANDAL, KAKINADA DISTRICT. YEARS ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. V.V.S.RAMAKRISHNA.A Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Petition is filed under Section 582 of BNSS by the Petitioner/Accused No.1, to quash the proceedings against him in C.C.No.60 of 2023 on the file of the learned I Additional Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Anakapalli, for the offence under Section 420 IPC. Heard Sri Ramakrishna, learned counsel for the Petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State. 2. 3. Learned counsel for the Petitioner would submit that the Petitioner is correspondent and secretary of a college and he has nothing to do with the day to day functioning of the college to attend the administrative work as well as academic work. A principal has been appointed who is A2 and as per the information obtained under RTI Act, the principal is the responsible person for forwarding the data to. the Government for fees reimbursement to the students who joined under convener quota. As per G.O.Ms.No.18, dated 04.04.2022, the amount of fees for the student will be deposited in the account of the mother of the student within a week days. From such deposit, the college has to inform the Government about the payment of the fees by the mother of the student. The question of vicarious law for the acts done by the principal under criminal law does not arise unless there is a specific provision under IPC. There are no ingredients to attract the offence of cheating against the petitioner herein being the correspondent of a college. Learned Assistant Public Prosecutor opposed the petition and would submit that the Court may pass appropriate orders. It is the case of the prosecution that the petitioner along with A2 running a nursing college by obtaining permission from the Government and it is alleged that the accused entered a wrong data in the Government Portal. Hence, a case has been registered against them for cheating misappropriation of Government funds. At this stage, it is apposite to extract Sections 415 and 420 IPC, which read as under; 4. 5. are and 6. ”415. Cheating.—Whoever, by deceiving any person, frauduiently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat." “420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine." The petitioner herein is A1 who is said to be correspondent of Sri Venkateswara school of nursing and accused No.2 is principal of the said As per GO.Ms.No.66 dated 08.09.2010, the Government has 7. r college, implemented a programme of supporting the students for their studies by depositing amount in the account of mother of the student. As submitted by the learned counsel for the petitioner, the correspondent who is petitioner nothing to do with day to day affairs of the college especially financial aspects. The correspondent in particular meant for look after the administrative affairs of the college. It is also needless to mention that the amount was directly deposited in the account of the mother of the student and subsequently the mother of the student in turn informs the college about depositing of amount. In such circumstances, showing excess number of students or misappropriation of funds may not arise. In view of the aforesaid facts and circumstances of the case, this Court is of the view that, absolutely there are no ingredients to attract the offence of herein has 8. cheating against the Petitioner/Accused No.1. In such circumstances, it is a fit case to exercise the jurisdiction under Section 582 of BNSS to quash the proceedings against the Petitioner. 9. Accordingly, the Criminal Petition is allowed and the proceedings, in respect of Petitioner/A1 in C.C.No.60 of 2023 on the file of the learned I Additional Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Anakapalli, are hereby quashed. Pending applications, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, th Additional Additional Civil Judge (Junior Division)-cum-XI Metropolitan Magistrate, Anakapalli, Visakhapatnam District. House Officer, Anakapalli Town P.S., Visakhapatnam St 1. The I 2. The Station District. 3. One CC to Sri V.V.S.Ramakrishna.A, Advocate [OPUC] Public Prosecutor, High Court of Andhra Pradesh. 4. Two CC’s to the [OUT] 5. Two CD Copies GPC vna HIGH COURT DATED: 12/09/2025 ORDER CRLP NO. 433 OF 2025 51 16 OCT 2025 rf' I Oj rrentSecti ALLOWING THIS CRIMINAL PETITION