Query on withdrawal of prosecution (sec 321).

Nobody reads the forums? Or did I make some error in posting? Why it didn't get any reply? Any answers anyone? Thanks.

You have to wait untill the result of court.

Thank you so much for the reply.

Can you elaboate it? I have to wait for court result even for petition for withdrawal at LG office? Will withdrawal of case be a proper discharge? Will it not affect central govt jobs in any way?

Thanks. 

Your querry is not clear. Please elobrate and classify it neatly.  

Who are you, are you an employee, in which department, what are the charges framed on you.  In which court the case is being continuing and what is the stage of the case and all other relavant information so that I can come to a conclusion. 

Okk. Sorry for the confusion.

The guy is not in job. He got the job but the central govt dept is not letting him join the job and keeps asking status from police. The matter is now in a Delhi court; hearing (first hearing) will be in late October. It will be fourth year of the case; chargesheet was made only when third year after FIR was ending. 

No copy of FIR or chargesheet has been given till now; it is only unofficially that the guy knows it. The dept came to know of it because the attestation fom verifying officer entered the FIR no (as he was not bribed; he had asked for money). 

Since you are the accused, you are entitled to get a free copy of the FIR and Chargesheet by the Police.  If the Police refused to give the copy please inform the higher officials ACP, DCP, Commissioner of police for free copy.  Even if you did not get any relief, then you file a copy application before the Court and get the certified copies of the same.  After getting the copies, you contact me again and tell me on which sections you have been booked in criminal case.  

Normally if the witnesses are more the court case will take long time, because the court has to examine all the witnesses ie.. Chief and cross. 

Police and court officials say that FIR and case papers will be given only when I am summoned. Presently the court has not decided charges on me. It may be done in October, first hearing. Only then I will get papers. It is all rioting sections, unlawful assembly (bailable ones). Typical student crowd vs police; innocents are named in such cases (I was injured and have an MLC). 

Would you advise me to get it withdrawn from petition to LG office? SOmeone said govt job may be a problem after that because it will not be a normal discharge.

ALSO PLEASE TELL ME that one does not have to write that one has a court case on him or her unless he or she gets a letter from court or some official paper from police, right? There is a column for that in job applications. A reputed PP said that unless you get court summon with details, you do not have a case on you and so you do not write it anywhere. 

There are lot of contradictions in your statements and doubts: 

You have said the sec. is 321 (volountarily causing hurt) and also said it is unlawful assembly, which is correct. 

Whether you are police officer or student is not clear. If you are police officer, what is your position. 

Whether you have been arrested or not, whether you have obtained bail or not. 

What is this L.G.Office (state full form)

Sorry, I realize there are many shortcomings in my post. The case is police (state) vs students. Police has chargesheeted students.

I and others are students.  No arrest warrants were ever issued. IO said he won't issue warrants.

LG is Lt. Governor office, Delhi. 

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

I am not working. We are students.

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

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.  

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. 

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.