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Bikash Mishra   15 May 2024

Filling of attestation from in government jobs

A case was on me ....

These are the questions in attestation form of government job... in which I am confused 

1) Have you ever been prosecuted? (Yes/no)

2) Have you ever been kept under detention? (Yes/no)

3) Have you ever been bound down? (Yes/no)

Sir I am attaching my court case judgement copy kindly help me Sir what should I write in these questions 



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     15 May 2024

The attachment not found, besides by going through the papers it will not be possible to give a proper opinion, hence you may better approach your own lawyer or any other lawyer in the local and get a proper advise about filling up the applicaiton form

Bikash Mishra   15 May 2024

Sir I was arrested then I got the bail at the police station.... After that police filled the chargesheet ...on the first day of hearing I was acquitted...as victim did not want to pursue the case.....sir I am attaching the judgement copy...sir I am mainly confused in 

What should I write in 

Have you ever been prosecuted?

 


Attached File : 1039079 20240515205835 my court case.pdf downloaded: 6 times

T. Kalaiselvan, Advocate (Advocate)     15 May 2024

If you were arrested and a FIR was registered against your name then you have to reveal the correct details.

If you suppress them in the application and the authorities are coming to know about it during verification report about character and antecedents through police, it may attract adverse impact on your employment besides a criminal complaint if any.

Bikash Mishra   15 May 2024

Sir I talked to my lawyer he said

In question 1) Have you ever been arrested? Write yes

In quns 2) Have you ever been prosecuted? Write No

Here in question 2 I got confused.....sir that's y I asked  here to get the Clear answer from the experts......thank you very much sir for your valuable time.....

Dr. J C Vashista (Advocate )     16 May 2024

Have faith in your lawyer, s/he is right, proceed accordingly.

T. Kalaiselvan, Advocate (Advocate)     16 May 2024

You have already consulted your lawyer and he has properly advised you,  why do you hesitate to follow his advice which seems to be proper.

Bikash Mishra   16 May 2024

Thank you very much sir for all the replies.....I will do as advised....

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 May 2024

There are cognisable offences and noncognisable offences. A cognisable is an offence against the State. They are also loosely called police cases. Suppose you assault an individual and the individual makes a police complaint it is  a non-cognsiable offence. Police will take up the case only if the complainant wants it and not otherwise. In the case of a cognisable offence police has no option but to take up the case. That is called prosecution. It appears that in your case it was not a cognisable offence. That may be the reason your lawyer advised you to write 'No' against the question whether you were prosecuted. In a prosecution the State is the aggrieved party. Once you have engaged a lawyer, have faith in him.


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