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ravi (computer operator)     22 January 2009

PLEASE HELP ME

 

DEAR SIR,


I WAS WORKING IN ONE MEDICAL AGENCY AS A WORKER IN MAHARASHTRA AND IN 2006 I AM ARRESTED FOR 381/1 AS THEFT IN MEDICAL AGENCY AND LEAVE OUT WITH BAIL IN FIFTEEN DAYS MY LAWYER TOLD ME THAT WHEN YOUR CHARGESHEET WILL BE FILED IN COURT YOU WILL BE GET SUMMONS OF COURT TO PRODUCE HIMSELF BUT SINCE 2006 I DO NOT CALLED AGAIN AND NO SUMMONS COME TO ME SO PLEASE TELL ME WHAT HAPPEN WITH MY CASE PLEASE HELP ME AND ALSO TELL ME CAN I APPLY FOR GOVERNMENT JOBS WITH THIS TYPE OF CRIMINAL BACKGROUND.



Learning

 14 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     22 January 2009

Dear Ravi,


Rightly said by Your LAWYER. The Procedure is that, after Filing of Charge Sheet before the Magistrate by the Police, the Magistrate of the Concerned Court issue Summon for your Appearance before him.


In some case after several reminders, the Magistrates closed the Proceedings, if Police don't filed Charge Sheets.


So, its better for you, to first confirm through your Lawyer, what is the exact position of your case,


(a) is it still pending for filing of charge sheet by Police; 


(b) or charge sheet filed  and summons could not served;


(c) or Proceedings closed     


Dear Ravi, You can exactly apply for a Government Job;


You are not an Accused;


even if the case in question is pending, you are in under trial, case is not yet finalised.

Kuljit Pal Singh (Legal Professional)     22 January 2009

Dear Friend


U can apply any where for any job as u r still not convicted and u r merely an accused. Criminal jurisprudence says that a person is innocent unless otherwise proved. so far as ur complain is concerned it may burried under the files of the police and will c light of the day after quite a long.


Regards

Ravi Arora (Advocate)     22 January 2009

Ask your Lawyer that he should see register no 9


so he can tell you weather charge-sheet is submitted in the court  or not


May be court is issuing summons and you are not appearing


Court may issue N.B.W against you.


 Be careful


 


and off course you can apply any where you want

rajini (Lawyer )     22 January 2009

Dear friend! It is better to know from your lawyer what happen to your case and to make sure that police had not fied the charge sheet to the court, if  there is no charge sheet against you diffinately vou can apply for any goverment jobs if it is still pending for investigation by police then you have to appear before the court.


regards


(Guest)

As far as Govt. job is concerned, you can apply and after giving offer of appointment, in the "attestation form" there will be a column asking you whether any criminal case is pending or whether you are convicted etc.  There you have to reply honestly telling the entire case.  Otherwise during the employment, if the employer comes to know about the case, hecan dismiss you from the service.  Do not forget, in government employment, before offering employment, the employer seeks police verification from the locality where you belong.


Prabhakar 

Jainodin shaikh (Lawyer)     22 January 2009

When the court released you on bail you have given a bond to the court binding himself to remain present before the court. It's your duty to attend the court. The offence is Non bailable, an arrest warrant may be issued against you. Visit your lawyer and get the information from him.

Sanjeev Tewatia (Advocate)     23 January 2009

I think my friends clear you all the positions

ravi (computer operator)     23 January 2009

IF I TOLD GOVT. EMPLOYER THAT I HAVE A CRIMINAL BACKGROUND THEN WILL HE APPOINTED ME OR NOT

AEJAZ AHMED (Legal Consultant/Lawyer)     23 January 2009

Dear Ravi,


As per my Knowledge, in every State and Department, before to join as a Govt. Employee, they seek 'Full & Complete Details'  about the Employee, and after joining the Employee they will cofirm all the 'Detaild ' what- ever provided by him. 


So,  it is the duty of the Job-Seeking Employee to furnish all the details 'True & Correct'.   


With concerned to your present query:


(a) Don't lie' with your Employer, either Govt. OR Private Sector;


(b) Your Case is not yet 'Finalized';


(c) Niether you 'Convicted' nor 'Punished'


(d)  Why you yourself  using the word 'CRIMINAL BACKGROUND ' again and again;


(e) Did it 'Proved by Police' OR you 'Punished'  OR you 'Convicted'.


For all the questions your answer may be "NO".


Then, where is the question to 'hide' and lie with the employer.


Exactly, they will appoint you; if you are the qualified person as per their requirment.


If you will be appointed, they shall follow, as per the 'Rules' and 'Procedures', they will get enquire about all the details, provided by you.


So, don't be lie with your 'Employer'.

Ravi Arora (Advocate)     23 January 2009

Respected brother Aejaz


I am not asking him to  hide the criminal case


he should give full detail of the case. if the employer find him a good


worker or a Qualified person he may appoint him.


and there is no bar that a person can not get service just because


a case is registered against him. In India a CRIMINAL can become C.M or P.M


i think i m not wrong


 

AEJAZ AHMED (Legal Consultant/Lawyer)     24 January 2009

DEAR MR.  RAVI ARORA,


"SORRY"


I am not telling that, any one Opined / suggested wrongly against the query.


Once again I replied to MR. RAVI, Computer Operator; for his next doubt:


 " IF I TOLD GOVT. EMPLOYER THAT I HAVE A CRIMINAL BACKGROUND THEN WILL HE APPOINTED ME OR NOT ".


I didn't made any comment on your reply Dear Brother RAVI ARORA.


Once again " SORRY " if you felt that, i made comments on your Opinion / Advice / suggestions.


 


(Guest)

The following questions are asked in the attestation form along with the "offer of appointment letter" issued to the prospective government employee:


1.  Whether you have been convicted in any criminal case?


2. Whether you have been charge sheeted in any criminal case?


3. Whether any criminal case is pending against you?


4. Whether any prosecution has been held against you? (It is similar to question No.3, but is asked.)


5. Whether any FIR has been lodged against you?


If answer to any of the above questions is positive, give full details.


 

A.Mohamed Thaheer (ADVOCATE)     02 April 2009

Don't worry my brother,


you can apply for Govt. job, since no charge sheet is isssued against you in the court till date and no summon is received from the court till date, you can assume that you are not guilty of any offence proved. Some times, the complaint may also be barred by limitation depending upon the quantum of maximum punishment provided for the offence alleged to committed under I.P.C

B.N.Rajamohamed (advocate / commissioner of oaths)     04 April 2009

First of all you make sure that any charge sheet is lodged against you. If the charge sheet is not filed you better apply to the high court for quashing of the F.I.R. as there is an inordinate delay under section 482 Cr.P.C. If you get a favourable order of quashment you can apply for the new jobs.


Pendency of any case will be a stumbling block for you to apply for any decent jobs. 


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