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V. Pradeep Kumar   24 February 2022

Can i get a government job if i have section 337 and 304a of the ipc against me.

On 21st January 2022 I met with road accident, one drunked person came on national highway jumping through road barricade and in order to save him, I applied brake but drunked person 42 yr old was hit by car. Immediately I called Ambulance and informed to police. I took to nearest hospital immediately and doctors started treatment, after 9 days he was discharge from hospital, on that discharged day he was dead. In the police station they filled FIR , in FIR they mention section ipc 337 alternate into 304A. I don't know what to do next, I got station bail, and I released my car from RTO, and I have all documents RC, DL, insurance. Please give me a best suggestion.


Learning

 8 Replies

G.L.N. Prasad (Retired employee.)     25 February 2022

Contact a local advocate as the study of the First Information Report is the only valid ground for disputing, depending on the facts.  If called for you have to submit a driving license, insurance certificate, and valid C book.  If any medical examination or CCTV footage is needed, your advocate may advise you to get the same to establish that there is no rash driving and no prior challans for such jumping of signals, rash, and negligent driving, etc.,

SHIRISH PAWAR, 7738990900 (Advocate)     25 February 2022

Hello,

After completion of investigation police will file charge sheet. After charge sheet you will have to appoint advocate for hearing / trial of your case. You have very good ground for acquittal in your case. 

G.L.N. Prasad (Retired employee.)     25 February 2022

Unless you are sentenced, you are free to apply for any job and not disqualified.

P. Venu (Advocate)     25 February 2022

What do you mean by "ipc 337 alternate into 304A"?

 

V. Pradeep Kumar   25 February 2022

Sir it means , Accident happened on 21st January 2022 around 7:15PM , on next day 22nd January they filled FIR ,in FIR they mentioned 337ipc . After 9 days he was dead, after he's death they mentioned alternate into 304A ipc

Dr J C Vashista (Advocate)     26 February 2022

It would also attract Section 279 IPC, recheck.

When the victim was so seriously injured the FIR shall be registered under section 279 / 338 IPC which would get converted in Section 304 A IPC after death.

You have mentioned in the facts inter alia, that, "....after 9 days he was discharge from hospital, on that discharged day he was dead..." how a dead body is discharged, if your statement is taken as gospel's truth ?

You will have to seek professional services of a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding, whereas, there would be very little help of experts on this platform.

You are ineligible for appointment in a government job till acquitted in the case.
 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 March 2022

What is the situation? Do you want to apply for a Government job or that you have been offered a Government job and you want to decide whether you should join or not?  If you want to apply for job, you can apply. If you have been already offered job, there will be an attestation form which you will have to fill up and submit. There will be many questions in that form. You will have to answer them and submit. You will be allowed to join immediately pending police inquiry based on the attestation form. If there are any adverse reports by the police in due course, your appointment may be cancelled after giving you an opportunity to explain your position answering the police report. If the attestation form does not contain any question, requiring you to disclose the charges under 337 and 304 you need not disclose them. Traffic accidents sometimes result in serious injury to or death of persons. Police mostly make serious charges against the driver/owner of the vehicle. Courts may or may not accept the police version.

P. Venu (Advocate)     15 April 2022

Yes, there are no contraints in applying. The question of pending cases arise only after you have selected while submitting the attestation form.

So also, what is the present stage of the trial. Have you received summons from the trai court?

 


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