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InSearchJustice   26 May 2023

Case details in govt. job declaration/attestation form

Brief facts of the case are as under:-

  1. FIR u/s 498A/406 was registered in 2006.
  2. Accused secured Anticipatory Bail from Honorable High Court and joined Investigation.
  3. Before the commencement of Trial, the parties compromised and the said FIR was quashed by High Court in 2007.

After 3 years i.e in 2010, the accused get selected in Central govt job. What should be answered against the following questions while filling up govt job attestation form are:-

Q.1) Give details if you have ever been

(a) arrested

(b) prosecuted

(c) Kept under detention

(d) Charged before a court with an offence for which you were convicted, conditionally discharged, placed on probation or bound ever or acquitted

Q.2) Is any case or enquiry pending against you in any Court of Law (including Civil Litigation) or any other authority, e.g. departmental proceedings etc.?

Please respond at the earliest.

Thanks & Regards


 18 Replies

Sudhir Kumar, Advocate (Advocate)     27 May 2023

You hvae to state the truth.                

InSearchJustice   27 May 2023

Respected Sir,

let me elaborate my questions in thus way...

Accused got anticipatory bail and the FIR was quashed before the commencement of trial.

if Accused was never arrested and prosecuted then what should he declare in the form?


Sudhir Kumar, Advocate (Advocate)     28 May 2023

In this case it appears that you were


  1. Never arrested
  2. Never prosecuted
  3. Never Kept under detention
  4. Never Charged before a court with an offence for which you were
  5. Never convicted,
  6. Never conditionally
  7. Never discharged,
  8. Neverplaced on probation
  9. Never bound ever
  10. Never acquitted
  11. Not facing Is any case
  12. Not facing enquiry pending against you in any Court of Law (including Civil Litigation)
  13. Not facing  departmental proceedings etc.?

Is this what you want ot say?


1 Like

InSearchJustice   04 June 2023

Respected Sir,

Thanks for your response.

please guide

Q1. if the accused got pre-arrest bail means anticipatory bail, Does it mean ARRESTED?   

Q2. If no TRIAL was conducted, Does it mean PROSECUTED?

Q3. If the FIR got QUASHED, Does it mean CASE PENDING ?


Sudhir Kumar, Advocate (Advocate)     05 June 2023

your questions contain answer.                  

InSearchJustice   05 June 2023

Thanks Sir,

means....There is no need for Anticipatory Bail because even then accused can be arrested.

means... There is no need of court and public prosecuter as the police can prosecute.

Thanks again for new meanings.

Sudhir Kumar, Advocate (Advocate)     09 June 2023

some persons he problems and some have no problem but to imagine.

InSearchJustice   09 June 2023

Respected Sir,

Kindly suggest some advocate who can really understand this case and give genuine advice,

Sudhir Kumar, Advocate (Advocate)     10 June 2023

You have no case to discuss.


This forum doe snot suggest alwyers.


you got to nearest court.  Pay heavily to any lawyer (even if he does not know service law) and then act.

InSearchJustice   10 June 2023


for your kindinformation the accused have already won the aforesaid case on merit. 

But your responses to this query have revealed about the level of your legal knowledge in service matters.

Although you have tried your best to misguide on this matter but the honorable court has done justice.

Thanks but no thanks...

Sudhir Kumar, Advocate (Advocate)     12 June 2023

First you said


the parties compromised and the said FIR was quashed by High Court in 2007.”


Then you are contradicting yourself



accused have already won the aforesaid case on merit


This indicates that probably you do not have a query and came here on this forum because it is FREE.


InSearchJustice   14 June 2023

The post was to ask about the status of ARRESTED, PROSECUTED on the basis of said case. 

As the accused was never arrested and prosecuted, so he won its Service matter case on merit.



Sudhir Kumar, Advocate (Advocate)     14 June 2023

asking for free advise is not a crime. But expressing insulting words fro those who give free consultation is not fair.

your query itelf contains the answer.still on 28.-5.2023 you were given details illustration.

InSearchJustice   14 June 2023


I didn't expected the misguidance from such a senior Lawyer like you.

You are misguiding that accused who has been granted Anticipatory Bail means ARRESTED.

You are misguiding that the police can PROSECUTE before Trial.

If you would have guided properly then you would not be annoyed. 

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