Police verification and filling of attestation form

[Asmit mishra]

Sir, I cleared bank clerk exam in April 2017.
I filled the application for the same in September 2016.
In application form it was asked that whether any prosecution/detention/fine/conviction/sentence against you has been awarded by any court of law for any offence ?
In response to it I filled NO.

Case scenario
Sir in 2010 a fight occurred between my uncle and neighbours. In which my uncle and father filed police case against them. After 2 days when they got arrested, also lodge an fir against my uncle as main accused and inserted my name with false allegations that I come to know this year when I obtained the copy of same from court. Sections are 323,341,448,504.
When incident occurred I was in class 11th.I helped my uncle so due to personal enmity they inserted my name. I even did not know what does an fir means. When asked:-Every one told me that nothing would happen.
But now when I went through the details I found something horrible like

One of the important thing is that in charge sheet my age mentioned is 20 years at the time of incident as I was only 15 at that time.
Allegation is that I attacked with sowrd in which the finger of prosecution affected badly.
Even witnesses in fir had given baseless claim.

In 2014 a compromise petition was filed in both cases. My uncle told me that case is over. But after selection,When I contacted court staff they said
case against us is running because one of the our uncle refused to compromise.
I contacted a criminal lawyer of my city, he moved the case and we got acquittal in lokadalat in July this year.

The document verification for the job was done in September 2017. In which I was asked to give declaration for no any court case is pending and I was never convicted by any court of law. I gave the same.

Sir my concern is that I am going to appoint as clerk in December this year. One of my friends told me that your job will be confirmed after a positive police verification report.
For police verification I will have to mention the particulars like
Have you ever been arrested
Have you ever been prosecuted
Have you ever been kept under detention
Have you ever been bound down
Have you ever been fined by a court of law
Have you ever been convicted

Sir what will I do now.
Police never arrested us, but in chargesheet it is mentioned that arrested but released on police bail on the same day.
Some has given the bail and my signature is on it.
Again we got bail from court 1 year later. And after that appeared in court this year only for acquittal.
What implications I will face during Police verification?
How would it affect my job ?

[Dr. Ashok Dhamija]

The very fact that you were charge-sheeted, whether rightly or wrongly, implies that you were prosecuted (even if you were acquitted later). The very fact that you were granted bail (even if on the same day) implies that you were arrested. If your age was mentioned wrongly in charge sheet and if you were juvenile at that, then you should contested the age claim at that time itself so that instead of the regular court, you would have been produced before the juvenile justice board, which may have been of help.

In any case, you were supposed to give correct details in the attestation form or application form, for applying for the job or for joining service.

If the police is able to get the details of your prosecution and arrest from its own records, it would mention the same in the police verification report. This may imply that you gave false information and it may perhaps lead to denial of job as well as action for furnishing false information. Even in future, if you get the job and subsequently it comes to the knowledge of the authorities that you had concealed such information, it may perhaps lead to action against you.

     

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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.

[Asmit mishra]

Sir I am really very grateful for your value reply,
This is true that I am responsible for filling in wrong information in application form whether knowingly or unknowingly.
But sir it is true that all these legal complications, I come to know then only when I went through the documented records.
But In December when I will be going to fill the information
What would I do ?
I am in a great dilemma, frustration, mental agony as they even beat my uncle and filed a fake case to destroy my career and are becoming successful in that also.
Due to wrong report I got chargesheeted and then they compelled us to compromise in 2014. Sir I have been conspired by them. My family’s economic condition is very pitiable.
After facing a continuous hardship I got this job but now I am on the way of losing it.
Sir I do not want to conceal anything. Actually local lawyers told me that get acquittal first then nothing will happen.
I read the Special Leave Petition of The supreme court.no.20525/2011
Avatar Singh vs union of india.
Several cases regarding this are mentioned.it has given me some hope.
Please suggest me sir which path should I opt.
According to you, I have to tick in prosecution column and arrest column.
I will tick it out I may lose the job sorry to say this sir today I knew that mostly police and system is meant only for rich.

[Dr. Ashok Dhamija]

If you had provided correct information, the prosecution would not have come in your way of getting job, since you have mentioned that you had already got acquittal in case. So, an acquittal would generally not come in the way of getting employment, more so, if you were juvenile at that time.

But, giving false information may create problem, as I mentioned in my previous reply. Please consult some local lawyer or some other expert, by showing him all your detailed facts, including relevant documents, for getting correct advice. It is not possible for us to give a perfect advice on facts without even having seen the relevant documents.     

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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.

[Asmit mishra]

Sir can I apply for quashing of fir before High Court regarding being a juvenile I was wrongly tried as a criminal. Also the facts of case are totally wrong.
Even the prosecution has given the statement that he was not attacked b y the sharper side of axe.
Sir I want to do the preparation of Bpsc exam or similar competitive exams in future but I am really mentally tensed to know that Everywhere I have to mention about this case that I never committed. I have to depend upon employer and also on police for getting the job.
Sir it seems that I have to forget about high level jobs.

It might be possible that my question may not be on merits.
Please show me the way sir whether I am right or wrong ?

[Dr. Ashok Dhamija]

Once you have already been acquitted in the case, where is the question of now applying in the high court for quashing of the FIR?

Second part of your question is being repeated yet again. I have already stated that acquittal may not generally come in the way of getting job, provided you give correct information in attestation forms. Rest is up to the authority concerned to take the decision as per the rules / guidelines, which cannot be changed for one person. You are asking the same question again and again. Of course, it is up to you to decide whether you want to compete for any exam or to do some profession or business.     

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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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