HARMINDERSINGH PRITAMSINGH VIRDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners in both the above matters are facing trial under sections 392 and 397 of the Indian Penal Code and under certain other penal provisions. After the filing of the charge-sheet each of them were furnished with the copies of the investigation papers which were in Marathi. Since the petitioners as also their Advocates were not familiar with the Marathi language, they applied to the Sessions Court, for directions that the translation of the police statements should be furnished to them in English. The said prayer was rejected by the Sessions Court. Being aggrieved, they have approached this Court with a similar prayer.

(2.) SHRI Keswani, the learned Counsel appearing in Criminal Writ Petition No. 21 of 1989 and Shri Miranda, the learned Counsel appearing in Criminal Application No. 488 of 1989 submitted that the language of the Criminal Courts in Bombay in English. Under section 207 of the Criminal Procedure Code, a duty was cast upon the Magistrate to furnish free of costs of the investigation papers. If the language of the Court was English, the Court was bound to furnish the copies in English. If the investigation had been conducted and statements were recorded in Marathi, it was incumbent upon the Magistrate to have the same translated into English and furnish the translated copies to the accused. They pointed out that under section 173 (4) of the old Code of Criminal Procedure, 1898 a duty was cast upon the officer-in-charge of a Police Station before commencement of the inquiry or trial to furnish to the accused free of cost a copy of the investigation papers. Under the new Code of Criminal Procedure, 1973 the duty which was cast upon the Investigation Officer under the old Code was now cast upon the Magistrate.

(3.) RELIANCE was placed on the Government Notification dated 14th August, 1948, which reads as follows:---