IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.9664 of 2010 Between:- M.Varaprasad …Petitioner A n d The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.9664 of 2010 ORDER: This petition is filed under Section 482 Cr.P.C for quashing the official memo dated 20-09-2010 issued in P.R.C.No.16 of 2010, on the file of the III-Additional Judicial Magistrate of the First Class, Rajahmundry, East Godavari District, to the petitioner/accused. 2. Heard the learned counsel for the petitioner and the learned counsel for the second respondent-complainant. Perused the record. 3. The second respondent herein was working as Warder in Central Jail, Rajahmundry and the petitioner is Deputy Superintendent of the same jail. The second respondent gave a complaint against the petitioner alleging that the petitioner abused him in the name of his caste and thereby committed offence under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After due investigation, the police filed a final report referring the case as false. Thereupon, the private complaint filed by the second respondent was taken cognizance by the learned Magistrate and NBW was issued against the petitioner. The petitioner filed Crl.P.No.6490 of 2010 before this Court for quashing the proceedings in P.R.C.No.16 of 2010. This Court, by order dated 13-07-2010 held that it was premature to consider the case of the petitioner for quashing the proceedings, but however, directed the trial Court to recall the NBWs issued against the petitioner. 4. It is not disputed that subsequently the petitioner approached the trial Court and filed Crl.M.P.No.3428 of 2010 for recall of NBW and the said petition was allowed and NBW was recalled and the petitioner was released on bail on his executing a bond for Rs.7,000/- with two sureties in a like sum. Thereafter, the matter was committed to the Court of Sessions. While so, on 20-09- 2010,the learned Magistrate appears to have issued official memo to the petitioner stating as follows: “It is informed that the complaint filed by Pidathala Venkateswara Rao, son of Chandram against you viz., M.Varaprasad before this Court and the same was numbered as P.R.C.No.16 of 2010 on the file of this Court and submitted the said case file to the Court of Sessions. The said record was returned on the ground that 1) Caste certificate of the accused issued by concerned authorities to be furnished 2) The concerned authority who issued the caste certificate to complainant to be shown in the list of witnesses of the complaint; 3) The accused is not granted regular bail by the Special Court for SC/ST (POA) Act. Record shows any bail was granted by the High Court of A.P., Hyderabad. Hence you are directed to get the bail from the Special Court for SC/ST castes, East Godavari, Rajahmundry. Further, after completion of the above said omissions and compliances, this Court has to resubmit the said case file to the Hon’ble Special Court for trial of SC/ST cases, E.G.Rajahmundry. Hence, this should be treated as most urgent”. 5. It is not known under what provision of law, the learned Magistrate sought to communicate with the petitioner, who is accused before the Court, and how the accused was required to answer the queries or comply with the objections raised in the said memo. When the petitioner was already released on bail, the question of his obtaining fresh order of bail from the Sessions Court does not arise. The issuance of the official memo itself by the Court to the accused, that too with the queries/objections, as raised in the said memo, is itself uncalled for and unwarranted and not sanctioned by any provisions of law. The official memo issued by the learned Magistrate is, therefore, wholly unsustainable and is accordingly quashed. 6. In the result, the criminal petition is allowed. _____________________ G.V.SEETHAPATHY, J 07th December, 2010 Lrkm.