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Thirumaran (Litigation Incharge)     03 December 2009

Question of Law

 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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 17 Replies

dhiraj choudhary (n/a)     03 December 2009

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.

Gaurav Arora (Advocate)     03 December 2009

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 ...

Gaurav Arora (Advocate)     03 December 2009

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...

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 December 2009

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.

N.K.Assumi (Advocate)     03 December 2009

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.

Adv Archana Deshmukh (Practicing Advocate)     03 December 2009

 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.

ankur (assistant executive)     03 December 2009

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

 

ankur (assistant executive)     03 December 2009

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

ankur (assistant executive)     03 December 2009

plz.help me out

jaspreet singh (advocate)     04 December 2009

Dear Ankur,

In these cases, the parties should appear before the court and make a statement or an application for withdrawal of complaint.

 

 

joyce (advocate)     04 December 2009

I agree with N.K.Assumiji, Accused will appoint advocates to defend their case and plead on their behalf. It is a fundamental procedure with lawyers that vakalatnama signed is taken frm the client to plead n defend the case. So if lawyer is well acquitent with the local  laungage of the court and can explaine the necessities to the client, also take a relevenat information frm the client by the conversation held between them, so why to go for the chargesheet transciption? this is what I feel. Judges order of dismissal and the reason qouted by him  is correct. Hindi being a laungauge of Nation and both lawyer and client can communicate easily and have a good conversation with each other. putting the Hindi scriptt as chargesheet is again a addtional job for cops, who are already late in their  services of filing chargesheet.

Sandeep Kulshrestha (Advocate)     04 December 2009

 

 

i agree with the veiw expressed by learned freinds but high court has jurisdiction to take approproate step in this matter using inherent powers under section 482 of Cr.P.C.

SANJEEV KUMAR (STUDENT)     06 December 2009

Sandep ji

On this forum i have always seen that the ld members advise for going to Sec. 482 to Concerned HC. Proceeding to  HC is not cost effective. rather the sec. 397 should be enforced in the session court since the session court is easily approachable and cost effective.

Am i Right?

sanjeev 

Thirumaran (Litigation Incharge)     07 December 2009

Thank you


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