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Vinoth   30 July 2016

Dont know whether fir filed on me - applying for govt exams

i am presently preparing for govt and bank exams. In August 2014,  a drunk neighbour had assaulted my sister when she was returning to our house. We took our sister to first aid in a govt hospital and complaint was filed on the 50 year old guy through the police in the govt hospital and later by us directly in the local police station. He was arrested the same day and reprimanded. This case is proceeding in the court still.

However  two days later, the wife of that person had given a complaint on all members of my family(My dad, mother, me and my sister) that we had assaulted her. The police knew the truth and they had rejected her complaint, but through a lawyer they had filed the complaint. 

We were never informed by the police whether any complaint is filed on us, on what charges etc and we were never been enquired for the same till now (almost two years). We came to know about this only when they tried to use it as leverage to get a compromise in my sister's case. I was working as a bank officer then and now have resigned to take exams for central govt jobs. 

My query is:

I feel that this might or might not reflect during police verification for any subsequent selections i get. Only detail i know is that case was filed on us for assaulting the woman and it could have been deferred by the police - as told by the public prosecutor handling my sister's case. 

1. Should i mention about this as criminal case is pending on me during my affidavit during interview stages? I was never called for enquiry or at the least even informed by the police such case is filed on me or my family.

2. In case i am to say yes, i dont know on what section the case is filed. I dont want to start new issues with this case because the court experience we had during my sister's case was tiring and made our family without peace. We are middle class family and attending to court on regular basis hinders my dad's work.

3. If i am to say no for any criminal case pending, am i in a position to substantiate my statement at a later stage that i was never informed, or enquired or even let know by the police such a case is actually filed on my family in these two years.?

PS: i also feel in actual sense, that a criminal case or prosecution happens when the FIR sees the court, but it should have happened in these two years if it was going to happen. So im not sure whether a deferred police complaint on me(as told to me by the public prosecutor, dont know whether such deferring is possible) makes me an accused in the first place and i am liable to mention it in my affidavits voluntarily.

 

Thanks for your insight on this.



Learning

 3 Replies

Kumar Doab (FIN)     30 July 2016

The complaint or case whatever it was, might have been closed on merits.

Inquire.

Get clean chit, closed on merits and obtain certified copies ev en if thru RTI.

 

1 Like

Sudhir Kumar, Advocate (Advocate)     31 July 2016

given facts indicate that there is no case registered on you.

1 Like

Vinoth   31 July 2016

Thank u sir. Kind of relieving to hear this. I will try to inquire through someone from the local police station and reach out to you again in case there is an issue.


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