Sec 200 private case acquittal and criminal record


Hello to all,

I have a query about criminal record and police clearance certificate. In 2007, Our relative entered in our house drung and started fighting with my parents. We filed a criminal complaint against our relative. We filed FIR to Indian police and a case been registered against our relative. This was our second case against him. Next day, even our relative went to police to file a FIR against us and his argument was that we abducted him and took him to our house. Police did investigation for both the parties. Police found our story true and a case has been registered against our relative. In fact, police was in favour throughout the whole process and gave testimony against our relative during the trial. 

In turn, our relative filed a private case against us under sec 200 in court after 9 months of our case against him. This was counter case against the same case we filed against him. He disputed that police did not hear his side of story and registered a false against me. Court did not order any investigation to be done by police in support of our relative as police had already done investigation in our favour when we registered our case against him. So, no police was involed against us. No FIR against us, no fingerprint against us.

In 2015 March, honurable court acquitted us from this private case. 6 months after the acquittal, we renewed our passport and police did verification and police submitted clean police verification report. I received email and SMS from passport office notifiying clean police verificate report has been submitted for your passport application. Even my parents got renewed their passport with clean verification report. Also, couple of months ago, I received my clean Police clearance certificate as well for immigration. 

My questions are as below:- 1) I spoken to some senior lawyers in our city after acquittal and before my passport renewal and they said private cases information do not get passed to police unless somebody is convicted. They said that if you are acquitted in private cases then police would not have any information about your case or about you in their criminal record register. Is this true? 2) I am applying for immigration soon with my clean PCC. Immigration department sometimes contact Interpol for background checks . I just want to make sure that I do not have any criminal record with police. If police do not keep record of private case then I am good and I really think police do not keep records as my clean passport report and PCC proves that.   

So, respected and senior member, please have a look and provide your feedback. I will be thankful to you for this.         

Any help will be appreciated. Regards
 

 
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Legal Intern

Hi!

Rest assured, this does not amount to you having any criminal record. Acquitted essentially would mean cleared of all charges; i.e. that the allegations against you have been declared to be false/invalid by the court.

Hope this helps!

 
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