Eligibility for govt. job as an FIR is filed against me.

Tilak Marg Forum for Legal Questions Forums Criminal Law Eligibility for govt. job as an FIR is filed against me.

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    • #4666

      Sir, A FIR was filed against me and my family members under 498A in the year 2016. After investigation police has filed a final report in court, stating false case has been filed. But the FR has not been admitted by court, as a protest petition was filed by other party against FR. Because of which decision in the case is getting delayed.

      Sir, I want to know
      1) whether having a pending case, but where FR has been filed, can jeopardize my chances of government job like UPSC CSE and State PCS etc. ?
      2) Can High court quash the case, after petition, as FR has been filed by police. ?

      Note- No Arrest was made after filing of FIR (in 2016) because of anticipatory bail given by High Court.

    • #4676

      In the circumstances mentioned by you, at this stage the case is still pending. And, in fact, as mentioned by you, police has filed a closure report before the court on the grounds that it was a false complaint. Right now, you have said that the protest petition is pending against the closure report filed by the complainant.

      In these circumstances, in my opinion, it should not come in the way of your getting a government job at this stage. However, at the time of getting job, you should mention the details of the case in the police verification form / attestation form in a transparent manner and should not hide any details.

      But, subsequently, if the case leads to a conviction, then of course, your government job may be at risk.

      There is no guarantee that the high court will quash the proceedings in the above case on the ground that the police has filed a closure report after investigation. But, you can try that if your local lawyer (after examining your case papers) so advises you.

      Second option would be to challenge the decision of the Magistrate in the protest petition, if it goes against you, before the Sessions Court by filing revision against that.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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