MOHD ASLAM Vs. STATE OF M P

JUDGEMENT

(1.) Applicants have filed this petition under Section 482 of the Code of Criminal Procedure challenging the order dated 24.9.2008 passed by Special Judge for CBI cases, Bhopal in Special Case No. 11/2008 dismissing the application filed by them under Section 265 of the Code of Criminal Procedure requesting that prosecution be directed to furnish Hindi translation of the documents filed by it in English along with the charge sheet filed against them.

(2.) CBI, ACB, Bhopal filed the charge sheet against the applicants under Sections 120-B, 420, 467, 468, 471 of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. This charge sheet was in English language. First Information Report, statements of witnesses and most of the documents filed along with the charge sheet were in English. Applicants filed application under Section 265 Code of Criminal Procedure stating that they did not have adequate knowledge of English language, therefore, they were incapable to defend themselves because the documents filed along with the charge sheet against them were in English language. According to them, their language was Hindi and since official language of the Court was also Hindi, they were entitled to have Hindi translation of the documents filed by the prosecution in the case, therefore, they prayed that prosecution be directed to supply the Hindi translation of the documents which were in English language.

(3.) It is apposite to quote Section 265(1) of the Code of Criminal Procedure which reads as under: