ORDER 1. A complaint was filed on 18.8.1964 by Narayan against one Gokuldas and four others under sections 406, 420, 468 read with section 109, I.P.C., in the Court of Shri B.K. Dube, Additional District Magistrate, Indore. The complaint was in English. The said Additional District Magistrate returned the complaint asking the complainant to file the same in Hindi. The complainant is a Sindhi gentleman. He presented the same complaint again on the same day with an application which was also in English that the complaint may be entertained as it was convenient for him. The learned Magistrate refused to accept the complaint and passed an order that the Madhya Pradesh Official Languages Act, 1957, has made Hindi the only official language and no complaint in any other language could be accepted. He also held that Rule 15 of the High Court Rules did not entitle any person to file a complaint in English. 2. A revision petition was filed in the District Court. The first Additional Sessions Judge, Shri Tamotia, also agreed with the Additional District Magistrate that the Madhya Pradesh Official Languages Act, has prescribed Hindi as the language of the Courts throughout the State of Madhya Pradesh and Rule 15 of the Rules and Orders (Criminal) has also laid down that all petitions shall be written and presented in official language. He held that though discretion should have been normally used in favour of the complainant when the counsel and the petitioner were Sindhis, but he thought that it was not a fit case for using the discretion. According to the learned Additional Sessions Judge, when the complainant could get his complaint written in English, he could also get the complaint written in Hindi. He, therefore, dismissed the petition. Aggrieved by orders the complainant has now come in this Court in revision. 3. Rule 15 of the High Court Rules and Orders (Criminal) reads as follows:– "Petition should ordinarily be written in the language of the Court. The Court may, however, exercise its discretion in the matter, having regard specially to the language spoken and written by the petitioner." 4. The complaint deals with matters of accounts. The complainant is a Sindhi gentleman. He found it convenient to write the complaint in English. The Court may, however, exercise its discretion in the matter, having regard specially to the language spoken and written by the petitioner." 4. The complaint deals with matters of accounts. The complainant is a Sindhi gentleman. He found it convenient to write the complaint in English. It is also clear from the order of the Additional Sessions Judge that the petitioner (complainant) was not conversant with Hindi which was not his mother tongue. The Magistrate concerned also was conversant, I am sure with English. Under section 3 of the Madhya Pradesh Official Languages Act, 1957, certain exceptions have been made as per Notification No. 2309XX-CC-Bhopal, dated the 31st July, 1958. "(a) ........................ (b) Accounts, all matters pertaining thereto and all correspondence with the Accountant General. (c) ……………..... It will thus be clear that on matters of accounts, even the State did not want to enforce Hindi. One cannot, therefore, say that the discretion was rightly exercised by the Additional District Magistrate. 5. Illogical and injudicious interpretations of the Government's language policy has led to this result. Nobody has prohibited filing a complaint in English. The complaint which is of 16 pages, contains matters of accounts. The complaint also speaks of the statements of auditors and the most important evidence will be by the Chartered Accountant who has been cited as a witness in the complaint itself. There are also certain witnesses from the Banks of which a reference has been made in the complaint. The documents which the witnesses will speak are in English. It is therefore clear that it will be more convenient to conduct the proceedings in English specially about the account matters, than in Hindi which has still not the vocabulary required for the purpose. State Government also realised the difficulty in matters of accounts. 6. It is clear that the Magistrate was swayed away by the atmosphere surcharged with propaganda and did not care to study the complaint, a bare reading of which would have justified his entertaining it in English. It is not the finding of the Court that the complainant knew Hindi. On the other hand it is clear that he was not conversant with that language. It is not the finding of the Court that the complainant knew Hindi. On the other hand it is clear that he was not conversant with that language. If complaints by non-Hindi speaking persons are thrown away then a stage may come when a person, coming for the first time in a Hindi speaking area, assaulted on the road will not be able to make a grievance in a Court of law. He might be asked by such a Magistrate to learn Hindi and then go to him to file a complaint. 7. Government is trying to introduce Hindi throughout the country and that is also the aim of our Constitution. In particular, persons residing in the Hindi speaking States cannot make a grievance of the same. But that is a different matter. When a person comes to a Court of justice with a grievance that another person has committed an offence against him, the primary duty of a Court is to know what the grievance is. He cannot be driven out of the Court room because he could not express himself in Hindi. If the Magistrate is aware of the language in which the complainant could express, he should try to know the grievance. Even if the language was Hebrew or Latin or Greek, he should get an interpreter. That would not be showing a discourtesy to Hindi language. Hindi cannot be forced in the mouth of a man not knowing Hindi because he has come with a grievance. I would refer to the Preamble of the Constitution:– "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBUC and to secure to all its citizens:– JUSTICE, social, economic and political; LIBERTY of thought, expression, belief faith and worship; EQUALITY of status and of opportunity; And to promote among them all FRATERNITY assuring the dignity of the individual and the unity of the Nation." There will be no Justice social, economic, political if we refuse to look to the grievance of man because it is not expressed in a particular language. 8. In this case the complaint was in a language thoroughly known to the officials, Courts and Magistrates. It will not be wrong to assume that Shri B.K. Dube, Additional District Magistrate, Indore, did know English. 8. In this case the complaint was in a language thoroughly known to the officials, Courts and Magistrates. It will not be wrong to assume that Shri B.K. Dube, Additional District Magistrate, Indore, did know English. The first consideration of a Magistrate is not the language of the petition but the grievance made in the petition. It will be a mockery to maintain a judiciary if it throws away a complaint merely on the ground of language. It will definitely be doing disservice even to the cause of Hindi if such a step is taken by a Court of Justice. A similar situation may arise if a Hindi speaking person has to make a complaint before any Court in Southern India, if he does not know Tamil or Telugu whichever may be the official language there. 9. Section 3 of the Official Languages Act (which the Magistrate wrongly describes as Hkk”kk&vf/kfu;e the correct name of which is jktHkk”kk&vf/kfu;e ) is quoted below:– "Subject as hereinafter provided, Hindi shall be the official language of the State for all purposes except such purposes as are specifically excluded by the Constitution and in respect of such matters as may be specified by Government from time to time by notification." 10. No doubt Hindi has been said to be the Official Language–but it does not mean that a complaint in English cannot be accepted. A judicial officer must always remember that justice is his paramount consideration. Refusal to accept a complaint is a refusal to do justice unless he holds that the complainant had deliberately avoided Hindi, knowing the same full well. 11. I am also at a loss to understand the reasoning of Shri Tamotia, the learned Additional Sessions Judge. He would allow the complaint if it was written in 'Sindhi'. His argument is that if he could get the complaint drafted in English which was not his mother tongue, he could have also got the same in Hindi. The learned Judge forgets two essential points. One is that the complainant was conversant with English and not Hindi, secondly, Shri B.K. Dube was also supposed to know English and not Sindhi. The third point, I have already discussed is the nature of the complaint. The order of the Additional Sessions Judge is therefore, equally unreasonable. 12. All the counsel here have conceded that the order of refusal to entertain the complaint was wrong. The third point, I have already discussed is the nature of the complaint. The order of the Additional Sessions Judge is therefore, equally unreasonable. 12. All the counsel here have conceded that the order of refusal to entertain the complaint was wrong. Any person who has got any sense of justice would say that it was wrong not to speak of the Advocates who have appeared. But what is the reason, it is because enforcement of Hindi universally and everywhere at this stage would lead to manifest injustice. This has to be guarded against at least by those who are responsible for administration of justice. 13. The order of the Additional District Magistrate as well as the Additional Sessions Judge are based on misconception of Section 3 of the Official Languages Act which I have already quoted. This Act was enacted under Article 345 of the Constitution which says:– "Subject to the provisions of articles 346 and 347 the Legislature of a State may by law adopt anyone or more of the languages in use in the State or Hindi as the languages to be used for all or any of the official purposes of that State. Provided that until the legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution." 14. This article empowers the State legislature to adopt any or more of the languages in use in the State or Hindi as a language to be used for all or any of the official purposes of the State. There is no ban on use of any other language. The Official Languages Act which has been promulgated means that if any person uses Hindi be can use it as a matter of right. But it does not say that if any body comes with any other language he should be refused a hearing. The learned Additional District Magistrate has not understood this distinction. 15. In Dayabhai vs. Natwarlal, 1957 JLJ 22= AIR 1957 MP 1 . Dixit, J. (as he then was) had occasion to discuss the M.B. Official Language Act of 1950. But it does not say that if any body comes with any other language he should be refused a hearing. The learned Additional District Magistrate has not understood this distinction. 15. In Dayabhai vs. Natwarlal, 1957 JLJ 22= AIR 1957 MP 1 . Dixit, J. (as he then was) had occasion to discuss the M.B. Official Language Act of 1950. The facts of the case as given out in the report are that Natwarlal filed a suit on 13.4.1956 against Dayabhai Chotubhai and Purshottambhai in the Court of the District Judge Indore for accounts of a dissolved partnership. The plaint was in English, After the service of the summons, the defendants without filing any written statement raised an objection that as the language of the Court was Hindi and the plaint was in English, the plaintiff be directed to file the plaint in Hindi before calling upon the defendants to file their written statements. In reply the plaintiff while maintaining that the plaint in English was a valid one filed a Hindi translation of the plaint. Thereupon the defendants raised further objections that as the plaint filed in English was invalid there was no suit at all; that the Hindi translation should be considered to as a freshly instituted plaint against the defendants on the date on which the translation had been filed; and that it required fresh Court-fees. The learned Additional District Judge, Indore held that it was not permissible for the plaintiff to file the plaint in English. He further held that the English plaint would be treated as the plaint in the suit till the date of the filing of the Hindi translation thereof, that thereafter the plaint in Hindi would be the plaint in the suit and that the plaint in English would be used for reference as "authoritative". The learned Additional District Judge also held that no fresh Court fee was necessary. The plaintiff and the defendant Dayabhai both have now come up in revision to this Court against the said order of the Additional District Judge, Indore. 16. The learned Additional District Judge also held that no fresh Court fee was necessary. The plaintiff and the defendant Dayabhai both have now come up in revision to this Court against the said order of the Additional District Judge, Indore. 16. His Lordship while discussing Article 345 of the Constitution and its application to the M.B. Official Language Act, 1950, observed:– "Now Article 345 of the Constitution merely empowers the legislature of a State to adopt by law anyone or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of the State. It does not say that when Hindi or any other language has been adopted the use of English shall be barred altogether so as to render invalid any official proceedings done in the language." 17. The provisions of the M.B. Official Language Act are almost the same as that of the M.P. Official Language Act which we are now dealing with. For the purpose of comparision I am quoting below section 2 of the M.B. Official Language Act:– "Under Article 345 of the Constitution of India, Hindi written in Devanagari script is adopted as the language to be used for all official purposes in the State of Madhya Bharat except such purposes as are specifically excluded by the Constitution or as may be excluded by Government from time to time by notifying in the Government Gazette." 18. Both the Acts say that Hindi written in Devanagari script will be the language to be used for all official purposes. I am in respectful agreement with the view expressed by his lordship Dixit, J. I have already given my reasons that there is no ban for use of any other language and the Magistrate will not commit an act of illegality if he entertains a complaint in English. The Magistrate while refusing to entertain the complaint thought that his hands were tied and he could not look at the complaint written in English, not withstanding Rule 15 of the High Court Rules. 19. A decision reported in L.P. Wakhare vs. State M.P. AIR 1959 MP 208 , was cited by the learned Deputy Government Advocate. In that case their lordships were discussing the validity of the M.P. Official Languages Act. 19. A decision reported in L.P. Wakhare vs. State M.P. AIR 1959 MP 208 , was cited by the learned Deputy Government Advocate. In that case their lordships were discussing the validity of the M.P. Official Languages Act. The vires of the whole Act was challenged and their lordships have held that the Act was not ultra vires. We are not here concerned with the vires of this Act, which has not been challenged here. 20. I have already held that section 3 of the Official Languages Act does not bar entertainment of a complaint in any language. The effect of the Official Language Act is that no officer can refuse any complaint written in Hindi Language. It always depends on the circumstances of each case whether a Magistrate should accept the complaint written in any other language than Hindi. In this case the Magistrate thought that he had no jurisdiction to accept a complaint written in English on account of the M.P. Official Language Act. He has erred in that interpretation. He has also erred in using his discretion in view of the circumstances I have already mentioned. 21. The revision petition is therefore allowed and the order under revision is set aside. The Additional District Magistrate Indore is directed to accept the complaint written in English and proceed with the same according to law. 22. I am thankful to Shri S.L. Garg, Advocate who appeared in this case amicus curiae.