complainant will not come in court &thus acquitted &got ras
uganti
(Querist) 27 July 2020
This query is : Resolved
380 ipc is on FIR
complainant said i will not come in court & thus u become acquitted
is it feasible ??
if yes then thus acquittal make accuse eligible for service of administrative job
or being acquittal by this manner it has moral turpitude ?
& not eligible for govt.administrative job ?
Dr J C Vashista
(Expert) 28 July 2020
Whether investigation of the case is complete and charge-sheet for the allegation mentioned in FIR has been filed by IO or not yet ?
What is the evidence submitted against you and plea of complainant regarding his/ her non-appearance before court ?
Dr J C Vashista
(Expert) 28 July 2020
Theft case is still pending against you, hence it would be an obstacle for administrative appointment of accused.
P. Venu
(Expert) 28 July 2020
You have not posted the material facts.
uganti
(Querist) 28 July 2020
Challan has not file yet by IO.
Complainant said I m unable to compromise becoz he is employee as manager
But I can help u by not coming in to court
uganti
(Querist) 28 July 2020
can i quash FIR if after complainant (as he promise ) will not come in court
on the ground that he is absent & thus fir should be quash or
may be due to absent of complaint or benefit of doubt will get acquittal
then after this will be able to appoint as RAS ?? or not
Rajendra K Goyal
(Expert) 28 July 2020
Even acquitted, the fact of case has to be mentioned in your form at required column.
Dr J C Vashista
(Expert) 29 July 2020
Even if you are acquitted for want of sufficient evidencedue to non appearance of complainant, which is otherwise next to possible in instant case, you were lodged in jail for 4 days before being admitted in bail.
Besides this, the acquittal in such circumstance (which is not based on merits of the case) shall be considered and taken as moral turpitude for any government appointment.
Rajendra K Goyal
(Expert) 29 July 2020
If the complainant does not come for witness, court may issue warrants.
