Polamarasetti Atchayya Naidu Vs The State of Andhra Pradesh

1.POLAMARASETTI ATCHAYYA NAIDU, S/O SATYANARAYANA, AGE 43 YEARS THOTADA VILLAGE AND PANCHAYAT MUNAGAPAKA MANDAL, PRINCIPAL RAVI VOCTIONAL COLLAGE, ANAKAPALLI, VISHAKAPATNAM DISTRICT

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...PETITIONER/ACCUSED

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AND

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1.THE STATE OF ANDHRA PRADESH, REP.BY IT'S PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMAVARAVATHI.

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2.THE STATION HOUSE OFFICER, ANAKAPALLI TOWN POLICE STATION ANAKAPALLI, VISHAKAPATNAM DISTRICT.

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3.D SRINIVASAN, DEPUTY SECRETARY, SOCIAL WELFARE DEPARTMENT VISHAKAPATNAM.

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...RESPONDENT/COMPLAINANT(S):

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Counsel for the Petitioner/accused:

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1.P VIVEK

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Counsel for the Respondent/complainant(S):

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1.PUBLIC PROSECUTOR

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The Court made the following:

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ORDER :

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The Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking to quash the proceedings against the Petitioners in C.C.No.757 of 2014 on the file of the learned I Additional Civil Judge (Junior Division)-cum-XI Additional Metropolitan Magistrate, Anakapalli.

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Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor.

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Sri P.Vivek, learned Counsel for the Petitioner submits that Accused No.1/Polamarasetti Atchayya Naidu was Principal Ravi Vocational College, Anakapalli from 2013-2014 academic year, he has never served as Principal in the academic year 2012-2013. The Principal of the College at relevant point of time is one Thota Srinivasa Rao.

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To buttress his contention, learned Counsel for the Petitioner has relied on the information furnished under the provisions of the Right to Information Act, 2005 (for brevity ‘the RTI Act’) by the Regional Inspection Officer, Board of Intermediate Education. A photocopy of the RTI information is filed.

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The Hon’ble Apex Court in Pradeep Kumar Kesarwani v. State of U.P¹ at paragraph No.20 held as under:

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“20. The following steps should ordinarily determine the veracity of a prayer for quashing, raised by an accused by invoking the power vested in the High Court under Section 482 of the Cr.P.C.:—

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1 2025 SCC OnLine SC 1947

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(i) Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the materials is of sterling and impeccable quality?

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(ii) Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false.

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(iii) Step three, whether the material relied upon by the accused, has not been refuted by the prosecution/complainant; and/or the material is such, that it cannot be justifiably refuted by the prosecution/complainant?

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(iv) Step four, whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice? If the answer to all the steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal - proceedings, in exercise of power vested in it under Section 482 of the Cr. P.C. Such exercise of power, besides doing justice to the accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as, proceedings arising therefrom) specially when, it is clear that the same would not conclude in the conviction of the accused.”

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This court cannot undertake the exercise of conducting a mini trial about

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the authenticity of the RTI information and to find out whether the Petitioner was Principal of the college at relevant point of time. Fairly conceded by the learned Counsel for the Petitioner, now the case is coming for Section 313 examination of the Accused.

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Considering the entire facts and circumstances of the case, the Criminal Petition is disposed of, granting liberty to the Petitioner to file an application under Section 311 of ‘the Cr.P.C.,’ for summoning and examination of the authority which issued the document under ‘the RTI Act’ and if necessary the authorized person of Ravi Vocational College, Anakapalli to prove the fact that at relevant point of time who was the Principal of the college. The application under Section 311 of ‘the Cr.P.C.,’ shall be filed within a period of three weeks from the date of receipt of copy of this order before the learned Trial Court and

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the learned Trial Court is directed to consider the said application and for the just end of the cause, the learned Trial Court is directed to examine the RTI official and also the authorized person of the College to discern or elicit the truth. However, the presence of the Petitioner is dispensed with before the learned Trial Court unless it is otherwise specifically required by the learned Trial Court.

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With the above observations and directions, the Criminal Petition is disposed of.

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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: 13.03.2026 VTS

Polamarasetti Atchayya Naidu v. The State of Andhra Pradesh

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Polamarasetti Atchayya Naidu v. The State of Andhra Pradesh

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