Appearing for upsc (fir has filed)
rohit_jain
(Querist) 11 June 2013
This query is : Resolved
Dear sir,
i am preparing for UPSC and our state psc
Last week my brother in law files a FIR against me and my family member (as we had already file a case in a women cell for harassing my sister in the last month)
Police has register FIR under section IPC 143, 147, 504, 506 against us. For his stupidity we (total 5 member) including my father and cousin has to go in police station. Police has arrest us (though it was on paper) at 0900 am and we appear before the judical magi first class on same day at 0300 pm and got bail on the same day at 0330 pm now court case will going on....n on...
Sir now my question is..
1. Will this FIR and subsequently court case will affect my career in UPSC, state PSC.
2. Will i debarred from appearing in these exams?
3. I read the attestation form of UPSC and MPSC they are demanding these information of FIR and court case in details..
Now what to do next?
Guest
(Expert) 11 June 2013
1) Mere FIR is not to hamper your career, as your detention in police custody was less than 48 hours. However, in court case, try to get yourself exonerated before you clear the final exam of UPSC or MPSC. Conviction in the case may not help you get Government job.
2) There is no likelihood of your debarment from appearing in the exam.
3) Give right information in the attestation forms, as police will have to verify the correctness of your own statement vis-a-vis the facts. Any wrong information may be harmful to your interest.
Concentrate on your studies as well as in defending your position effectively by not worrying about what has to happen in future about your case.
rohit_jain
(Querist) 12 June 2013
Thank you dhingara sir,
what happned if case is pending in court for 2-3 yrs and meanwhile if i got selected in any state psc exams for any post of group A and group B, will they (govt) give appointment order or not?
Sudhir Kumar, Advocate
(Expert) 12 June 2013
1. Will this FIR and subsequently court case will affect my career in UPSC, state PSC.
Ans : Yes
2. Will i debarred from appearing in these exams?
Ans : No you can appear. This question of criminal case will be raised after you are selected in competition.
3. I read the attestation form of UPSC and MPSC they are demanding these information of FIR and court case in details.
Ans : Yes
try to get the matter closed.
Raj Kumar Makkad
(Expert) 12 June 2013
Generally appointments are kept open for such candidates if the case is pending against him.
Sudhir Kumar, Advocate
(Expert) 13 June 2013
No in such cases candidature is cancelled and person from waiting list is given chance.
rohit_jain
(Querist) 17 June 2013
Thank you sir,
How much time it will take this case to close
as we have nothing done wrong.?
If myself acquitted after date of appointment/result can i claim the same post (i.e say after 2-3 yrs)
Sudhir Kumar, Advocate
(Expert) 18 June 2013
time none can predict.
if you are acquitted (on merits not on procedural /technical grounds) before closure of offer, you can join.
Guest
(Expert) 18 June 2013
Dear Shri Sudhir Kumar,
With repference to your reply, "if you are acquitted (on merits not on procedural /technical grounds) before closure of offer, you can join" I am to point out to you that the querist has still to appear even in the preliminary exam of the UPSC/MPSC. The selection and thereafter joining the post depend on his merit in preliminary as well as final exams.
Sudhir Kumar, Advocate
(Expert) 19 June 2013
Yes I agree that the stage of antecedents verification is 3 years ahead at this stage there will be no hurdle in appearing..
I already stated
2. Will i debarred from appearing in these exams?
Ans : No you can appear. This question of criminal case will be raised after you are selected in competition.
rohit_jain
(Querist) 20 June 2013
Dear Sir,
One of my friend brother (who is lawyer) suggested me to file petition in Hon'ble Bombay High Court to quash the FIR as we have already file case against the brother in law in Women Cell (Formed by SP Office)
In women cell my sister in'law shows that how innocent are they and they settled the matter.
But many times he has told to my sister that i will get revenge of this and filed the case against your brother and relative as they are govt servent.
So my question is can Hon'ble High Court quash the above FIR?
Guest
(Expert) 20 June 2013
Your present question is totally different from the issue you raised originally and has no relevance with reference to that issue. You could have posted this question under the category of criminal law.
However, quashing of FIR depends solely if the court is convinced on the merits of the case.
