Mohammed Abdul Razzak , Sumer v. The State Of Telangana
13251 l
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1484 OF 2023 Between:
Mohammed Abdul Razzak @ Sumer, S/o M.A. Khadeer, Aged 30 years, Occ. Private Employee, R/o 285/A, Wadie Salaheen, Shaheen Nagar, Balapur, Ranga Reddy District.
...REV|SlON PETITIONER/ACCUSED No.1 AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.
...RESPONDENT
2. Malaka Begum, W/o Anwar Ali Khan, Aged about 60 years, Occ. Housewife, R/o H.N0.14-27616/4, Wadi-e-Salaheen, Shaheen Nagar, Balapur, Ranga Reddy District.
...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 482 of Ct.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the order daled 1211212022 passed in Crl.M.P.No.607 of 2022 in S.C.No.867 of 2017 on the file of I Additional Senior Civil Judge cum Chief Metropolitan Magistrate-cum I Addl. Assistant Sessions Judge, Ranga Reddy District at L.B. Nagar, directing the court below to furnish the petitioner with the English translation of all the investigation papers those are in Telugu language, to the petitioner in the interest of justice and be pleased to pass such other order or orders as this Hon'ble Court deem fit and proper in the circumstances of the case.
l.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in S.C.No.867 of 2017 on the file of I Additional Senior Civil Judge cum Chief Metropolitan Magistrate-cum lAddl. Assistant Sessions Judge, Ranga Reddy District at L.B. Nagar, pending disposal of the main revision and pass such other order or orders as this Hon'ble Court deem fit and proper in the circumstances of the case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Syed Shah - E- Alam, Advocate for the Petitioner and the Assistant Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER
Crl.Petition No.1484 ol 20223 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1484 OF 2023 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, \973 (for short 'Cr.P.C.') by the petitionerAccused No.1 to quash the order dated 12.L2.2022 passed in Crl.M.P.No.607 of 2022 in S.C.No.B67 of 2017 by the file of I Additional Senior Civil Judge-Cum-Chief Metropolitan Magistrate cum I Additional Assistant Sessions Judge, Ranga Reddy District at L.B.Nagar.
2.
Heard the learned counsel for the petitioner/Accused No.1 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.
3. The petitioner has filed an application under Rule 57 of Criminal Rules of Practice and Circular Orders, 1990 vide Crl.M.P.No.607 of 2022, seeking to issue him English translation of the documents written in Telugu filed by the prosecution and other documents if any. The petitioner submits that he is totally not conversant with Telugu language and he needs the English
Crl.Petition No.1484 of 20223 - translation of the said documents. However, the said application was dismissed by the learned Magistrate.
4.
Learned Additional Public Prosecutor would submit that there is no provision which is prescribed under Cr.P.C. enabling the accused to ask for translated copies of documents provided under Section 207 of Cr.P.C.
5. The situation is peculiar for the reason of both the accused and also counsel on record failing to understand Telugu language. Admittedly, the statements of witnesses are in the language which is not known or spoken by the accused or his counsel.
6. In accordance with Section 272 of Cr.P.C., the State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court.
7. The accused has a right to know the proceedings against him and also the contents of the documents which are supplied to him. In the present facts, when both the counsel and accused are unable to understand Telugu language and the Court language is English,
Crl.Petition No.1484 of 20223 this Court deems it appropriate that the concerned Court shall furnish translated copies of the statements which are in Telugu language to the accused.
B. Though, the accused can get all the copies translated by i himself by incurring expenditure, however, learned counsel submits that at a later date there is a probability that the prosecution may state that the translation is incorrect.
9. In the said circumstances, translation accepted by the prosecution should be served to the accused to give him an opportunity of defending himself and for a fair trial. However, in the event of any expenditure being incurred by the prosecution, the said expenditure for translation shall be incurred by accused/petitioner as undertaken by learned counsel for petitioner.
10. Accordingly, the concerned police shall provide the translated copies of all the documents furnished under Section 207 of Cr.P.C. Needless to say, the statements made by the witnesses and also panchanama and any other documents in Telugu language shall be translated and copies of said documents be provided to the accused.
Crl.Petition No.1484 of 20223 l -
11. Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand closed. Sd/.V.KAVITHA ASSISTANT REGISTRAR //TRUE COPYII \ sEcroN oFrrcen To,
1. The I Additional Senior Civil Judge -+um- Chief Metropolitan Magistrate - cumI Additional Assistant Sessions Judge, Ranga Reddy District at L.B.Nagar.
2. The Station House Officer, P.S. Balapur, Rachakonda.
3. One CC to Sri Syed Shah -E- Alam, Advocate [OPUC]
4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTI
5. Two CD Copies obr Q(
HIGH COURT DATED: 1410212023 T ( ',, AH Iq zt?l o O ,1 it *' /./ i Di:ir lrt .;t--r,lr,rt 1
ORDER
CRLP.No.1484 of 2023 DISPOSING OF THE CRIMINAL PETITION .s