Firstly, you should provide the correct details in the attestation form for the police verification made at the time of joining government job. Mention that your name was shown in FIR but it was not shown in the charge sheet. Also mention whether you were arrested or not. If the attestation form is yet to be submitted, then also correctly mention about the fresh application filed by the opposite parties in the court for inclusion of your name as an accused after a gap of 4 years, or as the case may be, if you have been summoned. All such relevant and correct information should be provided in the columns meant for this purpose.
Secondly, as regards the application filed in court for including your name as an accused person, you’ll have to fight it on merits. If you are called upon by the court to explain / defend in the matter, you may show all circumstances, including the fact that you were not on the spot, that you were not charge sheeted and that the application has been filed now after 4 years to make you accused after knowing about your Delhi Police selection as Sub-Inspector of Police. Show all other relevant circumstances in your defence. If the court still orders inclusion of your name as an accused, you have the option of challenging such decision in the higher court. It would be advisable if you can show all your documents to some local lawyer and obtain his proper advice based on the relevant case papers.
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.
.
