Police verification

Nayan Agrawal (Querist) 01 July 2021 This query is : Resolved
Sir I am preparing for armed forces... I met with an accident and an FIR is lodged against my name for negligence driving .. The trial is still going on and it will take around an year for the matter to be resolved... If I clear the Interview round will this accidental FIR affect my police verification clearance ?

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An individual preparing for the Armed Forces has an FIR lodged against them for negligent driving, with the trial ongoing. They are concerned if this will affect their police verification clearance for the job. While some experts initially suggested a pending case would be a bar, others clarified that offences like Section 279, 337, and 338 IPC, which do not involve moral turpitude, may not disqualify a candidate even if convicted, especially if resolved with a fine. It is advised to consult with a lawyer to explore pleading guilty early to resolve the matter, as a clean police report is crucial for selection.

Hemant Agarwal (Expert) 01 July 2021
1. IF you are ultimately Convicted in the case, THEN you will become ineligible for such Appointment.

Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com

Nayan Agrawal (Querist) 01 July 2021
Sir what if the case remains under trial during my police verification ?

Isaac Gabriel (Expert) 01 July 2021
Pending criminal case will be held against you unles it ends in your favour.

kavksatyanarayana (Expert) 01 July 2021
Yes. I agree with the expert advice of the above experts.

T. Kalaiselvan, Advocate (Expert) 01 July 2021
The pending criminal case against you will make you ineligible for an appointment/employment for the government job especially with the Armed forces.

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Advocate Bhartesh goyal (Expert) 02 July 2021
Agree wIth above experts.

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Dr J C Vashista (Expert) 02 July 2021
You will have to disclose the facts of case in police verification.
However, even if you are convicted in the motor accident case u/s 279/ 337 or 338 IPC it will not (NOT) affect the verification / appointment since it does not involve any moral turpitude or integrity.
So I respectfully disagree with experts.

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P. Venu (Expert) 02 July 2021
What are the offences alleged against you?

Nayan Agrawal (Querist) 02 July 2021
Offences are Section 279, 337 and 338 sir.

P. Venu (Expert) 02 July 2021
The offences alleged does not involve moral turpitude and hence, even if convicted, is no bar for public employment. Generally, the Courts allow the accused to plead guilty on payment of fine; some courts allow the advocates to be authorized to plead guilty without insisting on the presence of the accused. Please ascertain the system/practice prevalent in the local Court where the case will come up for trial.

What is the present stage of the case? Have you received the summons. You may plead guilty at the earliest opportunity so that the matter could be resolved.

Nayan Agrawal (Querist) 02 July 2021
I have a hearing on 22nd of this month sir. Should I just plead guilty and pay the fine ?

P. Venu (Expert) 02 July 2021
First of all, ascertain from the reliable sources (advocates or court officials) whether pleading guilty in such cases is permitted on payment of fine.

Nayan Agrawal (Querist) 02 July 2021
It is sir... I have already confirmed from my lawyer.. I am just not sure of pleading guilty !

T. Kalaiselvan, Advocate (Expert) 02 July 2021
If you were charged with the offences relating to sections 279 and 227 IPC, then, if pleaded guilty i.e., admitting it before court with a request to impose fine alone, the court at its discretion may impose fine alone on you.
In that case, this may not impact the police verification report for government job since it do not involve moral turpitude
You may discuss with your lawyer and ask him to make a request to the court through the Assistant public prosecutor with a reference to aspiration for government job in future.

P. Venu (Expert) 03 July 2021
The offence informed to be. involved is 337, not 227. Pleading guilty such offences is a routine matter in every Magistrate Court.

ashok kumar singh (Expert) 03 July 2021
agreed with views of earlier experts,

thanks

T. Kalaiselvan, Advocate (Expert) 04 July 2021
227 is a typo error, which doesn't attracts this big highlight.

Dr J C Vashista (Expert) 05 July 2021
Proceed as advised by your lawyer as s/he is better informed by facts of the case.

Asgher Mahdi (Expert) 06 July 2021
Pendency of any case bar the police to give clean chit. Untill, you aquitted . Indeed, you can appear for exams/interview but selection is based on police report.

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