Manish v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 04.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl MP No.15981 of 2022 Manish ... Petitioner Vs.
STATE: Represented By The Inspector of Police, Sirkazhi Police station, Crime No.151 of 2021 Nagapattinam District.
... Respondent This Criminal Original Petition is filed under Section 482 Cr.P.C. to direct the Learned Additional District and Sessions Judge, Mayiladuthurai to furnish the Charge Sheet, 161 statements and all other case related documents to the petitioner in Hindi Language concerned in S.C.168 of 2021 on the file of the Additional District and Sessions Court, Mayiladuthurai.
For Petitioner : Mr.Swami Subramanian For Respondent : Mr.A.Damodaran Additional Public Prosecutor 1/6
ORDER
This Criminal Original petition has been for a direcction to the learned Additional District and Sessions Judge, Mayiladuthurai to furnish the documents to the petitioner in Hindi Language pertaining to the case in SC No.168 of 2021. 2.
Heard Mr.Swami Subramanian, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for respondent.
3.
The issue involved in the present case is squarely covered by the latest judgment of this Court in the case of [Ramamurthy Vs. The Inspector of Police, CBCID, Krishnagiri, Krishnagiri District] in Crl OP No.28266 of 2022 dated 07.03.2023. For proper appreciation, the relevant portions in the judgement is extracted hereunder :- 2/6
11.
None of the order produced by the learned counsel for the accused discussed the case situation where there was a direction to furnish translated version of copy of the documents under Section 207 Cr.P.C. in mother tongue of the accused and the entitlement of the accused for the translated version as a matter of right. We have seen from the order reported in MANU/TN/0957/2000 (K.Natarajan ..vs.. State) (cited supra) that if accused belonging to various States speaking various languages tried in a particular case, it is not possible to furnish copies of the documents relied by the prosecution under Section 207 Cr.P.C. in their respective mother tongue. Some accused are literate and some accused are illiterate. Almost and always the accused are defended by Advocate. Advocates know both the languages spoken in the State of Tamil Nadu ie., English and Tamil and 3/6
they assist the accused in understanding the case of prosecution, the statement of witnesses and other necessary details concerning the case. Then the accused give suitable instructions to the Advocate for defending them. Thus, this Court is of the view that the accused is not entitled to claim as a matter of right the translated version of copies furnished under Section 207 Cr.P.C. in the mother tongue of the accused. 4.
This Criminal Original petition is disposed of in terms of the above order. Consequently, the connected miscellaneous petition is closed.
04.07.2023 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order To 4/6
STATE: Represented By The Inspector of Police, Sirkazhi Police station, Crime No.151 of 2021 Nagapattinam District.
2.
The Public Prosecutor, Madras High Court, Chennai.
N.ANAND VENKATESH,J.
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