moral turpitude
karan gowda
(Querist) 17 December 2016
This query is : Resolved
does ipc506,448,379 signifies to moral turpitude? i m state govt teacher n recently a fir has been registered with ipcs 448,379,506..now it is under investigation and chargesheet has not been submitted convicting me.i fear that can it cause suspension if informed to my department as a matter of moral turpitude?
please help n suggest
karan gowda
(Querist) 17 December 2016
sir please do suggest
Guest
(Expert) 17 December 2016
Mr. Karan Gowda,
What was the actual crime you committed and whether you were arrested, and if so for what period detained under police or judicial custody?
Kumar Doab
(Expert) 17 December 2016
You may download the extent service rules,conduct and discipline rules that apply in your case, and go thru these.
It might be narrated that you also have to inform your employer of such instances.
Attempt to get cleared/acquitted of the charges.
Rajendra K Goyal
(Expert) 17 December 2016
If you are arrested and kept in custody for 48 hrs. you can be suspended. Try for anticipatory bail.
If convicted by court, government may dismiss.
karan gowda
(Querist) 17 December 2016
no sir,i hv not been arrested..the allegation upon me is of house trespass n theft of a memory card along with criminal intimidation..sir,does these ipcs justifies for moral turpitude
Guest
(Expert) 17 December 2016
Till you are not arrested, you can roam worry free.
Kumar Doab
(Expert) 17 December 2016
Hope you are satisfied.
What is the opinion of your own counsel!
karan gowda
(Querist) 17 December 2016
chargesheet has not yet been submitted sir..i hv consulted with police n they r almost helping me.the problem is the complainant hv proof of my house trespass..n advocate sir says that nothing can b said with confirmation.. thus bit tensed.
Guest
(Expert) 18 December 2016
Why worried, if police is helping you. If there is any truth in your story, better change your lawyer, if he is unable to say with confirmation by judging the prevailing situation. Hire some competent lawyer.
Kumar Doab
(Expert) 18 December 2016
Apparently: You, police, your own counsel seem to be having NO counter to extinguish, the ambers of evidence that complainant has.
If his complaint is a fact and evidence is irrefutable, then you may better prepare and acclamitise for future complications......
Rajendra K Goyal
(Expert) 18 December 2016
Prevention is always better than cure.
If FIR lodged, proofs are there, go for anticipatory bail and try to have some good lawyer.
Kumar Doab
(Expert) 18 December 2016
Are you per service rules,expected to inform your employer of such instances/FIR?
karan gowda
(Querist) 18 December 2016
actually sir,the complainant is having a call recording of mine where i had admitted clearly that i had gone to his home plus there r 2 witnesses n also my mobile location can proof that i had gone to complainant's home which is written in fir as house trespassing..my advocate sir is saying that we can argue saying that "we had just visited complainant home outside n didnt enter into house premise".so as per advocate sir,it is magistrate's will n thus nothing can b said now with certainity
karan gowda
(Querist) 18 December 2016
actually i had gone to complainant home n had stayed there for 10-15mins as i was collecting some data about complainant n even if i refute my mobile location ll prove this.so advocate sir is advising to admit n to contest saying that i had just visited complainant home from outside only.
so sir,can house trespass be avoided by arguing as of just house visiting from outside?
Rajendra K Goyal
(Expert) 19 December 2016
You should oppose the proofs from other party.
Decision is at later stage, you may be in trouble if arrested and kept behind bars for 48 hrs.
Kumar Doab
(Expert) 19 December 2016
It is felt that similar query has been discussed earlier.
karan gowda
(Querist) 19 December 2016
no sir,this is first time i m seeking ur valuable advice..i m so greatful.n sir plz advise whether house trespass allegation b argued as of just house visiting from outside?
please sir
Rajendra K Goyal
(Expert) 19 December 2016
Case file need to be referred, have second opinion from local lawyer.
karan gowda
(Querist) 21 December 2016
okay sir..thx a lot
Kumar Doab
(Expert) 21 December 2016
You are welcome.
Sudhir Kumar, Advocate
(Expert) 18 December 2016
