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Hemanth Karamthot   20 October 2020

job is on hold because of an accident case

Dear sir/madam,

In April, 2020, I was riding a motorcycle in a NH and my friend was the pillion. Another motorcyclist who was not wearing a helmet abruptly came onto my lane without giving any indicator. As a result the two motorcycles had collided with each other and in that accident the other motorcyclist had succumbed to his head injuries whereas I and my friend suffered minor injuries. The sections I am alleged of are Sections 279, 304A and 338 of IPC.

Recently I got selected for a central government job. In the attestation form I have disclosed that there is a pending case against me in a lower court. My employer has put my job on hold. The first hearing of the case is two months away from now. I would appreciate if anyone can suggest me what should I do now

1). Shall I try for getting FIR quashed from a High Court on the basis of an amicable settlement has been reached between me and the legal heirs of the deceased?, or
2). Shall I resolve the case in the lower court only through a trial?
3). Is there anything I can do to expedite the trial process?
4). I am from Madhya Pradesh but the case is in Karnataka. I don't know the language of the court. I cannot understand the arguments and the proceedings of the court. Is there anything I can do regarding this?
5). What is the defense I can put forward when my employer asks me regarding this case. Like, is there any Supreme Court judgment in which it said pending case which is not serious in nature should not become an impediment for the government job?

I want to get out of quickly and join my job. Thank you for your response.


Learning

 7 Replies

G.L.N. Prasad (Retired employee.)     21 October 2020

This post is running for more than 7 months.   Only a local advocate with good connections at Bangalore with PS can only help you.   It is very difficult to foretell future courses at this stage.

P. Venu (Advocate)     21 October 2020

The stated suggested that the offences alleged do not involve moral turpitude. As such, in my understanding, the job need not have been put on hold. You may represent and/or seek judicial review before the Central Administrative Tribunal.

Of course, there os the option in approaching the High Court under Section 482 CrPC.  Bit such a petition would be successful only if the charge report itself does not disclose the offences, as alleged.

Sudhir Kumar, Advocate (Advocate)     21 October 2020

quashing FIR on the basis of mutual settlement is not acquittal on mertis.  Pray fro quashing of FIR otherwise.

avadhesh Paliwal   21 October 2020

First of all immidiately consult with prudent advocate and dont worry it is matter of accident of in the trial.....you will lose the job but it will take time.....

Dr J C Vashista (Advocate)     25 October 2020

Since fatal injury has occurred the case can not be settled / compounded with complainant.

Trail court has no option but to hold you (accused) guilty and punish, if prosecutor's attempt would be sincere and genuine .

High court shall not quash the FIR.

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary defence / proceeding.

 

 

tushar choudhary   30 December 2022

I hv similar case of car accident ipc 279 338 304A 

acquittal in 2017.

i hv joining in bank PO. 
i hv declaration in attestation form. 
should I disclose my case because i fear my joining will be hold.

please roly

 

 

Sudhir Kumar, Advocate (Advocate)     10 January 2023

Originally posted by : tushar choudhary

I hv similar case of car accident ipc 279 338 304A acquittal in 2017.i hv joining in bank PO. i hv declaration in attestation form. should I disclose my case because i fear my joining will be hold.please roly  

 

 do you have any option rather than telling truth.


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