- (1.) HEARD learned counsel for the applicant and learned counsel for the C.B.I. And perused the record.
(2.) APPLICANT Babu Singh Kushwaha by means of this application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with the prayer to quash the order dated 9.9.2013 (Annexure No.3) passed by the Special Judge, Prevention of Corruption (C.B.I.), Ghaziabad in Special Case no. 20 of 2012, C.B.I. Vs. Pradeep Shukla and others arising out of R.C. No.220/2012, E 0002 C.B.I., EOU -IV, New Delhi Under Sections 120 -B read with 420, 468, 471 I.P.C. and Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988, P.S. C.B.I. EOU -IV, New Delhi. It has been pleaded in the petition that applicant is in custody in connection with the aforesaid case wherein he was supplied copy under Section 207 Cr.P.C. in English. He does not understand English language properly and, therefore, he is unable to defend himself which is against the intent of legislation of the provision contained under Section 207 Cr.P.C. A prayer was made through application under Section 407 -Kha before the learned trial court to provide him the Hindi translated copy of the evidence of witnesses collected by I.O. during the course of investigation to enable him to properly defend his case.
(3.) A number of advocates were engaged for him but none of them argued for him on 9.9.2013 i.e. the date of disposal of the said application. The learned trial court rejected the said application on the ground that the applicant had not filed before him his academic certificate to show his ignorance of English language. Undisputedly, he had been Cabinet Minister in the Government of State of Uttar Pradesh and, therefore, it is not easily grasping that he has no knowledge of English language and moreover, there is no provision under Section 207 Cr.P.C. that copies of the evidence collected by I.O. during the course of investigation should be given to the accused in its translated form in Hindi. Learned trial court, basing its finding on earlier judgment of this Court dated 26.6.2013 passed in criminal misc. application no. 19969 of 2013 ' Vivek Jain Vs. C.B.I.' (under Section 482 Cr.P.C.) wherein the same prayer was rejected, vide impugned order dated 9.9.2013 rejected the said application 407 -Kha of the applicant. Being aggrieved, this petition has been filed. Pleadings have been exchanged.;