Upgrad LLM

question of law

Litigation Incharge

 I am handling a 302 case and the alleged accused is a native of a North Indian State.Since the accused is not conversant in Tamil, i.e. the language of the Court in Tamil Nadu, I filed an application praying for furnishing of copies and charge sheet in Hindi and the presiding officer dismissed the same on the contention that the language of the court is Tamil and that the counsel for the accused is conversant in Tamil and English and therefore there is no need to furnish chargesheet or copies in Hindi.

 

Although the counsel knows the local language is it not a necessity that the charge sheet running to few hundreds of pages be translated into language known to accused to facilitate better defence so that accused can understand the charge and instruct his counsel.

207 of Cr.P.C does not speak about langauge or translation and 211 speaks about the language of court. Any other material in this regard would be helpful.

 
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d order by way of which ur application has been dismissed by d trial court is in violation of art. 21 of the indian const. file writ petition before d h.c. as d accused has been deprived of fair trial n u 'll no. of case laws on this point.

 
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Advocate

i agree with Mr. choudhary......only remedy available for you is to file writ  petition before the Honble High Court for violation of Art. 21 of the indian constitution by not allowing the accused a Fair trial ...

 
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Advocate

i agree with Mr. choudhary......only remedy available for you is to file writ  petition before the Honble High Court for violation of Art. 21 of the indian constitution by not allowing the accused a Fair trial...

 
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Adv P & H High Court Chandigarh

Is there any provision in Criminal Procedure Code in support of the opinion of Mr. Choudhary or Arora?

 

I think no. Court has rightly decided the matter.

 
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Advocate

Dear Thirumaran, please refer to section 272 of the criminal procedure code read with Article 345 of the Constitution of India. With due respect to the learned members I beg to differ on the matter, that is, if the State has made Tamil as the Regional language of the state you can not claim it as of right as in that case it will be a discreationary matter for the court. In Krishnan case AIR 1958 kerala 94, it was held by the kerela High Court that if nacessary it may be translated and explained in the language he understands, which shows that it is not mandatory to furnish the documents in hindi, if  the Counsel can understand Tamil the court can reject the prayer.

 
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Practicing Advocate

 I agree with Assumi ji. I've also read a case law somewhere, wherein the court have rejected the prayer of the accused for getting a translated copy of the chargesheet in his language holding that where the chargesheet is in the language of the court the accused cannot demand it as a matter of right and the court is not bound to provide the translation of the chargesheet at the expenses of the state.

I think if the lawyer can understand the language of the court there is no injustice done to the accused if the court rejects his prayer.

 
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assistant executive

my relative has traped in frogerry case Cr467 ,460 plz help me out

 

 
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assistant executive

if opposite party is ready for withdrawl of case under 467 ,460 what is process, and wheater it is possible

 
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assistant executive

plz.help me out

 
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