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Neutral Citation No. - 2025:AHC:64192 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14098 of 2025 Applicant :- Paritosh Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar,Vaishali Sahu Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ashutosh Kumar, learned counsel for the applicant, Sri Prem Prakash Tiwary, learned A.G.A for the State and perused the record.
2. The present application has been filed for quashing the impugned order dated 03.04.2025 as well as the entire proceedings of Case No.3353 of 2023, arising out of Case Crime No.431 of 2023, under Sections 304B, 498A, 323 IPC and 3/4 D.P. Act, Police Station Muradnagar, District Ghaziabad.
3. Contention of learned counsel for the applicant is that most of prosecution witnesses belong to District Murshidabad, West Bengal. They could not speak in Hindi properly and during cross examination they used to reply in Bengali which caused irreparable loss to the defence as counsel for the prosecution used to manipulate those words in his own language. Therefore, the applicant moved an application to appoint an interpreter, who could interpret Bengali to Hindi and vice versa but this application was rejected by the court below on 03.04.2025. Counsel for the applicant also undertakes that in case, the court appoints an interpreter then he will not file an application for recall the witness already examined but he will avail the service of interpreter for remaining witnesses.
4. In view of the aforesaid submission, present application is allowed and the order dated 03.04.2025 passed by Additional District Judge (ADJ)-16 is hereby set aside. The court below is directed to appoint a translator/ interpreter, who could interpret Bengali to Hindi and vice versa at the expenses of applicant. It is further directed that in case, the applicant fails to deposit the expenses of interpreter within time stipulated by the court below, then the applicant will not be entitled to benefit of this order and court below will proceed accordingly.
5. Accordingly, the present application is allowed. Order Date :- 25.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad