Upgrad LLM

Query on withdrawal of prosecution (sec 321).

Advocate/Attorney

In which department you are working and what is your position. In what way Lt Governor office related to your case.

 
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Advice Seeker

I am not working. We are students.

LG office for petitioning for 'withdrawal of prosecution' option. 

 
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Advocate/Attorney

No, the Lt.Governor will not withdraw nor allow you to withdraw the case.  If you have influence you have to put pressure on State Govt to withdraw the case.  Usually untill the verdict of the case is pronounced, the central govt will not take you into job. If you come out of the case without guilty, you will be taken again into job.  Right now you have to wait.  


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Advice Seeker

Hmm, thank you. 

Do I mention in job forms about case now? Even if I have no case intimation from court? No FIR ever given? It could come in October only. A reputed PP said  that one doesn't ve to mention case anywhere till the date one is intimated by court. 

 
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Advocate/Attorney

Do not mention about your case in the job form.  We will think about it later, when the problem arises. But if is revealed to the employer any time that a criminal case is pending against you, he may remove you from your services.

 

There is one more solution for your problem. If you can hire a good expensive lawyer, you can file quash petition before the High Court under sec. 482 of Cr.p.c. quashing the FIR.  As you are innocent and you have good merits in your case, your petition might be allowed by HC.    If your petition is allowed all the other persons involved in the case also will be acquitted. 

 
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Advice Seeker

Suppose I get a new job now. And in October after I get court summon I tell them that I have a case now in court. Will they remove me then? I think they can't; becaue I got that summon after job. They will keep me on probation until case maybe.

YOur quashing is good idea. How expensive it could be? TEll me more. Which lawyers are good? 

I will reply tomorrow now; going out. Thanks a ton. 

 

 

 

 
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