Upgrad LLM

acquittal in murder case


My father was accused in murder case with IPC Acts 302,307And sc/st act (3)(2)v.
as on ground of ante time FIR he was acquitted of the charges .
Now i want to know whether the police will have this past records as for character certificate
 
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ha21@rediffmail.com Mumbai : 9820174108

1. IF the Court has duly acquited Father, from the Police case and IF Police (state) has not filed appeal and IF complainant or witnesses have not filed a WP in HC, THEN it means that Father had not committedf any crime.

2. In lieu of the Court's acquital order, Police now cannot give any "adverse character certificate" of any type for any purposes, against Father, since it would amount to contempt of court orders.

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

 
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Retired employee.

But having such a certified copy of acquittal is fundamental and basic in such cases.  (It all depends on the purpose of such certificate, and they maintain a record and they may state allegation and the essence of judgment.  Though one may be involved in the case, he can get acquitted due to improper handling of the case, poor investigation, lack of evidence, managing prosecution witnesses, the status of the victim vis a vis accused etc., and hence the exact finding in judgment may carry weight)

 


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Advocate

Yes, what is the necessity of character certificate for your father?

 
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No actually father is employed in Land Revenue department
 
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Advocate

Then,  what exactly is the problem? Ha the Government initiated any action against him departmentally?

 
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Respected members
if any case is registered with specific act like for example
sc st act 1989 (prevention of atrrocities) ,the same case is denied by lower special court,
then is it possible to file the same case under sc st amendment act 2019 ..
 
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in the high court
 
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