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Vikesh   02 September 2017

Am i facing criminal charges?

Hello,

I was arrested in 2011 by police in relation to a case for impersonation. I am now applying for visa and the immigration office has asked me "regarding any criminal charges that you are facing, including all police and court records that pertain to the charges".

Am I facing any criminal charges?

A chargesheet has not been filed. Does my arrest mean I am charged?

 



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 12 Replies


(Guest)

you might be innocent, but your arrest need to be disclosed. they wil find anyway soon than later.

1 Like

kunal “#unconventional #Aquari   02 September 2017

disclose fact that u were arrested.

Arvind Singh Chauhan (advocate)     02 September 2017

Inquire about result of investigation of matter in which you were attested. If final /closer report has been submitted in court. You disclose that you were arrested but found innocent.

Vikesh   02 September 2017

yes, so I already disclosed the arrest and this is the request that I got as a follow up.

From high commission "regarding any criminal charges that you are facing, including all police and court records that pertain to the charges".

So does the arrest count as criminal charges?

if not, can I reply that I was never charged with any crime?

kunal “#unconventional #Aquari   02 September 2017

if the high commission has categorically asked this q plz disclose it n also submit copies of police/court records. non disclosure might cause u trouble later on as they could deny u a visa later on....

Kumar Doab (FIN)     02 September 2017

You can benefit from the advices in the thread.

Take help of local lawyer specializing in crminal matters if you are unable to resolve on your own.

Vikesh   02 September 2017

Adding to the information, the high commission has categorically asked for these documents because I disclosed that I was arrested.

It has been five years since the incident and no chargesheet has been filed. Therefore, there is no judgement with me to provide to the high commission. If this is the case I can reply that there are no criminal charges against me.

My understanding is that I am not facing any criminal charges. What is the legal definition on this? When is a person considered facing criminal charges?

 

Kumar Doab (FIN)     02 September 2017

Post the facts that are prevalent as on date...........

Vikesh   02 September 2017

On 2011, I was remanded for 5 days in judicial custody for the case of impersonating a person.

There has been no final investigation and I am not required to appear in court for dates since 2015.

I am not sure where my status stands?

I also read in the forum that there is a timeline within which a chargesheet needs to be filed. Not sure if this applies to my case.

Sudhir Kumar, Advocate (Advocate)     04 September 2017

Please give facts of the case इतने अनभिज्ञ भी नहीं लगते

Vijay Raj Mahajan (Advocate)     05 September 2017

Till date no Charge Sheet filled in the court and there is no question of your being charged by the court under the criminal provisions, you need not state as being charged with any criminal provision, mere police complaint will not make you liable and that too if no FIR is regstered against you till date since 2011.

Kumar Doab (FIN)     07 September 2017

You have already disclosed that you were arrested.

Apparently The High Commission wants you to post the fate of the matter.

 


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