APHC010439552024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7043/2024 Between: DEVISETTI VEERA VENKATA SATYANARAYANA,, S/O LATE SRI BALAKRISHNA, AGE 60 YEARS, OCC SENIOR ASSISTANT, PRIMARY HEALTH CENTER, PRESENTLY WORKING AT KOMARAGIRI, R/O DOOR NO. 12-75, ROAD NO. 1, FCI COLONY, RAMANAYYAPETA, KAKINADA - 533 005 ...PETITIONER/ACCUSED AND STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor, High Court at Amaravati, through its SHO Biccavole PS, East Godavari District ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: B CHANDRA SHEKHAR Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.7043 of 2024 Dated 11.02.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, 8the Cr.P.C.,9)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, 8the BNSS9), seeking to quash the proceedings in C.C. No.866 of 2023 (Crime No.127 of 2021 of Biccavole Police Station) on the file of the learned Civil Judge (Junior Division)-cum-Judicial First Class Magistrate, Anaparthi, registered for the offences punishable under Sections 420, 465, 406, 409 read with 34 of the Indian Penal Code, 1860 (for brevity, 8the IPC9). 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 3. Sri B. Chandra Shekhar, learned counsel for the petitioner, submits that the petitioner is aged about 62 years and is now working as Senior Assistant, Primary Health Centre, Biccavole. He submits that the petitioner has not misappropriated any amount. He has not committed any offence. He has only prepared treasury bills of Accused No.1 without obtaining attendance certificates from the concerned Medical Officers of the EHC. At the most, it may amount to dereliction of duties, for which he has already faced disciplinary proceedings and the same ended in action being dropped. He, therefore, urged to quash the proceedings. 3 Dr. YLR, J Crl.P.No.7043 of 2024 Dated 11.02.2026 4. Per contra, Ms. P. Akhila Naidu, learned Assistant Public Prosecutor, submits that the allegation against the petitioner/Accused No.5 is that he prepared treasury bills of Accused No.1 without obtaining attendance certificates from the Medical Officers. Except this, there are no other allegations relating to misappropriation of Government funds against him, and it is urged to pass appropriate orders. 5. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the proceedings in C.C.No.866/2023 on the file of the learned Civil Judge (Junior Division)-cum-Judicial First Class Magistrate, Anaparthi, are liable to be quashed in exercise of the inherent powers of the High Court under Section 482 of 8the Cr.P.C.,9/Section 528 of 8the BNSS9?" 6. Section 420 of 8the IPC9 applies when a person cheats and dishonestly induces another to deliver property or alter a valuable document. It requires deception with dishonest intention from the beginning. Offence of cheating is punishable with up to 7 years imprisonment and fine. 7. Cheating and criminal breach of trust cannot go together, as held by the Hon9ble Apex Court in Delhi Race Club (1940) Ltd. v. State of U.P.,1, and Arshad Neyaz Khan v. State of Jharkhand2. 8. As seen from the record, the allegation against the petitioner/Accused No.5 is that while working as Senior Assistant in the Primary Health Centre, Biccavole, he was authorized to maintain Treasury bill registers relating to 1 (2024) 10 SCC 690 2 2025 SCC OnLine SC 2058 4 Dr. YLR, J Crl.P.No.7043 of 2024 Dated 11.02.2026 contract basis employees of the Medical Sub-Centre, Kondukuru Village. It is alleged that he colluded with Accused No.1 and prepared treasury bills without obtaining attendance certificates from the Medical Officer of P.H.C., Kondukuru Village. 9. In the charge sheet also, it is alleged that the petitioner colluded with Accused No.1 and facilitated drawing of salary bills during the period of absence and did not intimate the prolonged absence of Accused No.1 to the superior officers, thereby entertaining common intention. Even assuming for the sake of argument that the petitioner colluded with Accused No.1 and facilitated drawing of salaries during the period of absence without intimating the same to the superior officers, it would only amount to dereliction of duties for which departmental proceedings can be initiated. 10. The petitioner, being a Government servant, cannot be fastened with criminal liability while discharging official functions unless the ingredients of the alleged offences are made out. If any offence is alleged to have been committed by a public servant in discharge of official duties, appropriate sanction has to be obtained by the investigating officer for filing the charge sheet or for taking cognizance by the Court. 11. The learned counsel for the petitioner submits that the petitioner has already faced disciplinary proceedings and ultimately the same ended in action being dropped as the charge was not proved. It is not the case of the investigating officer that the petitioner has misappropriated Government 5 Dr. YLR, J Crl.P.No.7043 of 2024 Dated 11.02.2026 money or that he acted in collusion with Accused No.1 in misappropriating Government funds. The only allegation against the petitioner is that he prepared treasury bills without taking necessary precautions, for which he has already faced departmental proceedings. 12. Considering the facts and circumstances of the case, the charge sheet arraigning the petitioner as Accused No.5 is liable to be quashed inasmuch as no case is made out against him for the alleged offences punishable under Section 420 of 8the IPC9. 13. Accordingly, the Criminal Petition is allowed, and the proceedings against the petitioner/Accused No.5 in C.C. No.866 of 2023 (Crime No.127 of 2021 of Biccavole Police Station) on the file of the learned Civil Judge (Junior Division)-cum-Judicial First Class Magistrate, Anaparthi, are hereby quashed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 11.02.2026 RSI 6 Dr. YLR, J Crl.P.No.7043 of 2024 Dated 11.02.2026 167 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7043 of 2024 Date: 11.02.2026 RSI