cpc

urgent query on attestation form


In the attestation form of central govt employees it is being asked "Have you ever been prosecuted?" In 2009 a false 498a fir was registered against me and my family members by the wife of my elder brother.After investigation police exonerated me.I was not formally charged or summoned by court or put on trial.However my parents and brother were put on trial and acquited as the complainant said she had filed the case due to a minor misunderstanding.Now my question is what sud I reply to"Have you ever been prosecuted?".Yes or No?As I was never formally charged and put on trial so was I prosecuted?I think I was investigated but never prosecuted.What is ur opinion?It's urgent.It's the question of my bread and butter.

 
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Student

Alex,

The answer needs to be affirmative.  It is advisable not to conceal anything, on the contrary this will not only helpful in setting the record straight but will buy out peace for once and all.

All the very best in all your future endeavours.

Best regards

Daksh

 
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thanx Daksh for ur reply.Nowhere it has been asked whether any FIR was registered.It is asked "have you ever been prosecuted?"How can I be prosecuted if I was not even formally charged.I ve not faced public prosecutor.It is a technical question and I ve to answer wat has been asked.An Fir can also be registered against Chief Justice of India by anyone.But does that mean he ll be prosecuted without any evidence.Mentioning of this false fir will have adverse impact on my chances.Prosecution has to be done by the public prosecutor if there is a charge sheet against the accused.As I ve never been summoned to court I don't think I ve been prosecuted.At the most I may have been investigated by police(exonerated me) who has no power to prosecute(at least in my state).Only courts can prosecute if formal charges are filed.
 
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Dy Director

You have been advised.

 

Further there is also a clumn if you had been on bail.

 
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@Querist,

 

If no trial took place, then you are not 'Prosecuted'. 'Prosecution' means there is legal representative from the 'State' to prove the allegation against you..No court then No prosecution.

 

Your understanding is correct.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

 
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