cpc

query on withdrawal of prosecution (sec 321).

Advice Seeker

Someone has a case of police vs students lathicharge case pending (Delhi). He has a gazetted post with Central govt stuck due to it; the matter has only now gone to court after many years. The dept says that he will not get the joinign letter until the case is resolved.

Is withdrawal of Prosecution (sec 321) from Lt. Governor office using political contacts a good idea? Will the department agree to it and give the job if it's done. Someone said that the dept may not give the job (as per CCS rules?) as it will not be a normal discharge. Please explain. Other suggestions would also be welcome. Thanks. 

 
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Advice Seeker

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

 
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Advocate/Attorney

You have to wait untill the result of court.

 
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Advice Seeker

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. 

 
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Advocate/Attorney

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. 

 

 
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Advice Seeker

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). 

 

 
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Advocate/Attorney

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. 

 
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Advice Seeker

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. 

 
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Advocate/Attorney

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)


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Advice Seeker

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. 

 
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