THAMEEM ANSARI Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision has been filed under Section 397 /401 of Cr.P.C. against the order dated 19.07.2019 passed by Chief Judicial Magistrate, Sagar in criminal case No. RCT/1648/2017 registered for the offence punishable under Section 2, 9, 39, 44, 48A, 49B, 51 and 52 of the Wild Life Protection Act, 1972, (hereinafter referred to as "the Act") whereby learned CJM rejected applicant's prayer demanding the translated English copy of complaint and the statements of the prosecution witnesses recorded by the trial court, which are in Hindi and applicant does not know Hindi, but only Tamil and English.

(2.) Brief facts which are relevant for disposal of this revision are that the applicant is facing trial in Criminal Case No. 1648/2017 pending before CJM, Sagar. During trial, the trial court recorded the statements of prosecution witnesses in Hindi. On that, the applicant made a prayer that he does not know Hindi, and understands only Tamil and English. So the copy of the complaint and the statements of the prosecution witnesses recorded by the trial court which are in Hindi should be translated into English and translated copy be given to the applicant. This was rejected by the learned Chief Judicial Magistrate, Sagar. Being aggrieved from that order, the applicant filed the present revision before this court.

(3.) Learned counsel for the applicant submitted that applicant is facing trial in Criminal Case No. 1648/2017 pending before CJM, Sagar, arising from the complaint filed by the forest officials and registered for the offences punishable under Section 2, 9, 39, 44, 48A, 49B, 51 and 52 of the Wild Life Protection Act, 1972. Applicant is a resident of Tamil Nadu and does not know Hindi, while the complaint filed by the forest officials and the documents filed along with them are in Hindi. Even the statement of the prosecution witness recorded by the trial court is also in Hindi. Since the applicant does not know Hindi, even his lawyer who will come from Chennai to defend the applicant's case does not know Hindi. So, it is obligatory on the trial court to provide English translation of the complaint, documents filed along with the complaint and the statement of a prosecution witness recorded by the trial court at the stage of before charge evidence so that the applicant can defend his case properly. The learned trial court committed mistake in rejecting applicant's application.