Attestation form

Alex (Querist) 03 April 2013 This query is : Resolved
In the attestation form for central govt employees it is being asked "Have you ever been prosecuted?" In 2009 an fir was registered against me and my family(498a)..in which I was exonerated by police.I was never formally charged/summoned by court or put on trial.My parents and brother faced trial and were acquited as the complainant said in court that she had filed the case due to a minor misunderstanding.Now my question is what sud I reply to the question "Have you ever been prosecuted?".Does a mere registration of fir amount to prosecution.As I was not formally charged and not put on trial so I think I ve not been prosecuted.Investigation and prosecution are two separate thing I believe. I need ur urgent help in this matter.

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Guest (Expert) 03 April 2013
If exonerated, you have not been prosecuted. FIR in police or trial in a court of law does not mean prosecuted unless one is punished by the court in that case.

Devajyoti Barman (Expert) 03 April 2013
What do you mean by 'exonerated by police'.
If your name was not mentioned in charge sheet then you were not prosecuted.
However of you were mentioned as accused person which is very likely but got later acquitted from charges, then you were indeed prosecuted.

Raj Kumar Makkad (Expert) 03 April 2013
You should clearly mention against this column 'no'.

prabhakar singh (Expert) 03 April 2013
by 'exonerated by police' He seems to have meant 'police ne hi jurm se bari kar diya',"not charge sheeted".

prabhakar singh (Expert) 03 April 2013
"Have you ever been prosecuted?"..fill in "NO"

Alex (Querist) 03 April 2013
I'm very thankful to all of u for ur valuable advice.I'm relieved now and will fill "No" against the column.

prabhakar singh (Expert) 03 April 2013
most welcome you are!

R.K Nanda (Expert) 03 April 2013
no more to add.

Sudhir Kumar, Advocate (Expert) 03 April 2013
I believe this form has a column that if you had been on bail or in custody.

Alex (Querist) 03 April 2013
@Sudhir sir-I was never on bail or custody.Actually they ask "have you ever been arrested?" But there's nothing specific on bail.

Raj Kumar Makkad (Expert) 03 April 2013
When the reply of earlier question is no then the question of filing otherwise reply in the subsequent columns do not arise.

Sudhir Kumar, Advocate (Expert) 04 April 2013
Sorry sir. That form contain 8-10 such independent questions. Prosecution is one question, custody is another.

prabhakar singh (Expert) 04 April 2013
THEN FILL AS THE FACTS ARE.

Raj Kumar Makkad (Expert) 04 April 2013
When you clearly mention that no criminal case was filed against you then the answer to all subsequent questions qua probation or jail term or punishment thereon have no relevance and the answer to all these questions shall also b either no or NA.

Sudhir Kumar, Advocate (Expert) 04 April 2013
Makkar Sir,

The reply to such questions is printed "Yes/No". If "yes" applicant has to give details.

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