Ipc 338 accident case and police clearance certificate

Querist : Anonymous (Querist) 05 March 2022 This query is : Resolved
I have an pending accident case 338 IPC and it is still running in court. I am a student and got an job in MNC and company is asking police clearance certificate as joining document.

My name is not present in FIR but my name is present in chargesheet which is filed in the court.

1. what is probability of finding the criminal record during background check if I don't mention about the case ?
2. Is there any website where i can check if I had any criminal record on my name / date of birth ?
3. Some lawyers are saying to pay fine around 1000 and close the case, but it is still conviction on me, does this hamper my career in passport, visa and background checks ?
4. If the face the trial and got convicted, will i go to jail ?

Please guide me to the right path as my career is on the line.

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Quick Summary

A student with a pending IPC 338 accident case is concerned about obtaining a police clearance certificate for a new MNC job. Their name is on the chargesheet but not the FIR. They are seeking advice on whether not disclosing the case will affect background checks, how to check for criminal records, the implications of paying a fine versus facing trial, and the possibility of jail time. Expert advice suggests consulting an advocate, potentially pleading guilty to close the case, and notes that convictions not involving moral turpitude may not hinder employment, though the specific circumstances of the chargesheet are questioned.

kavksatyanarayana (Expert) 05 March 2022
A charge Sheet against you was filed in court. So you have not disclosed the fact, it will also become more serious. Consult a well-versed advocate and appraise the facts before him to file the counter on your behalf.

P. Venu (Expert) 08 March 2022
The best option is to plead guilty and close the case. Such a conviction not involving moral turpitude need not be a constraint in getting employment.

However, the facts posted are less than convincing. How your name is there in the charge-sheet only, not the FIR? Moreover, to my knowledge, the police is under no obligation to provide clearance for private employment!

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