Is ipc 268 a hindrance to get government job
Arnab Chatterjee
(Querist) 12 November 2016
This query is : Resolved
Learned experts and members of this community,
I have a query. Back in 2008 I was consuming alcohol in public place in Kolkata. Suddenly police caught me, but they didn't take me to hospital for medical check up, on the contrary they took me to Police Station. I was asked to hand over my wallet, watch and then I was put behind bars. After 2 hrs a person(Later came to know that he was a lawyer) came. Asked me to come out. Wrote my name and address, asked me to sign a few forms and then fingerprinted me. After that asked me to give them Rs. 500 which I did. Due to moral fear I shared this incident with nobody. Since then I have received no communication from anybody. Neither any court nor any police station ever contacted me. During surfing internet I came to know that such cases come under the purview of IPC Sec 268. But I have no document, nothing at all. Even have no idea with which section they have charged me, neither I was produced to court nor I received any summon in the last 8 yrs.
After working in MNCs for more than half a decade I'm planning to appear in UPSC.
Please tell me is this going to be a problem? I don't intend to hide anything but the problem is I have no document with me to validate any details, I don't even know whether a case was lodged or not.
During that two hours only they put me behind bar, then took signature of forms, took fingerprints, took Rs. 500 and then asked me to go.
How should I take it? Am I going to face any problem if I omit it while filling up govt. service jobs?
Please guide
Ms.Usha Kapoor
(Expert) 13 November 2016
DUE TO YOUR DRUNKEN STUPOR ONLY POLICE MUST HAVE CAUGHT YOU. THEY MAY HAVE COLLECTED FINE AND LET YOU OFF.
Ms.Usha Kapoor
(Expert) 13 November 2016
iF YOU ARE A TEETOTALER YOU WILL NOT FACE ANY HURDLE IN SECURING A government job.
Rajendra K Goyal
(Expert) 13 November 2016
Contact a local lawyer and try to get related documents from court if available.
If you remember the particulars, you can use RTI to get information from concerned police station.
Arnab Chatterjee
(Querist) 13 November 2016
Thank you for your valuable suggestions.
But Mr. Goyal, I have a query, when I was not presented to court, nor did I receive any notice/summon or letter what information can I get from a court then?
Rajendra K Goyal
(Expert) 13 November 2016
you have given signed documents to a lawyer, lawyer may have taken steps.
It is better if no case was forwarded to court.
This step was advised just to be sure and confirmed in the matter.
P. Venu
(Expert) 13 November 2016
Just forget about the matter! Prepare for the UPSC exam. Best wishes!!
Arnab Chatterjee
(Querist) 14 November 2016
@Goyal Sir,
I have already filed an RTI online asking details of any FIR has ever been filed in my name or any Criminal Case has ever been registered against my name in any courts of India. And also mentioned that if at all registered share the details and status of the same with me.
I don't know RTI rules, so I have no idea whether they will entertain such requests or not.
I thought after getting the result I will speak to a learned lawyer if necessary.
Can I get the required information by this RTI that I have filed? Will they respond?
@Venu Sir, Actually I have already cleared the state civil service exam and about to fill up and submit the final police verification form. That makes me nervous.
Arnab Chatterjee
(Querist) 14 November 2016
One more point I forgot to tell is when I signed those forms and they were taking my fingerprints I had to sign on a page where it was mentioned "Signature of the arrestee".
So that means they might have arrested me then, then told me that you are on "bail" and no need to come to either PS or Court, the lawyer who was taking these signatures told me that "I will submit this money tomorrow to court and everything will be resolved".
I don't know how come me (the so called accused) without going to the court the case was resolved.
I thought sharing this piece of information with you will help you guide me in a more prominent way in order to me coming out of this situation.
Thnaks in anticipation.
P. Venu
(Expert) 14 November 2016
The vague query is insufficient to receive any information. The best course, if you are obsessed with the the trivial incident, is to verify from the jurisdictional magistrate Court if any FIR had been filed based on that incident. Any advocate or an advocate clerk can help you for a fees, of course.
However, the narration you have provided suggests that the police had played a trick, if not a fraud, on you to extract some money. Even the third person may not be an advocate at all!
Even otherwise, the incident narrated do not constitute a hindrance to future employment.
As such, my considered suggestion is that you can just leave aside that particular incident and the obsessions therefrom while frunishing the information.
Once again best wishes!
Rajendra K Goyal
(Expert) 14 November 2016
Fine may have been slapped fine through court. First use RTI to get information from Police Station and then try to get information from court.
May contact the concerned lawyer for details.
P. Venu
(Expert) 14 November 2016
In my considered opinion, I repeat, a prank played by some overzealous policeman and the it would be of much advantage for the queriest to just forget of the unfortunate episode.
