Question of Law

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.

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 ...

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...

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.

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.

 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.

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

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

plz.help me out

Dear Ankur,

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

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.

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.

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 

Thank you