• Police

Dear Sir/ Madam, Back in 2014 during one of the programs in our locality I was drinking roadside with one of my friends. It was dark as it was evening by then and all of a sudden a few policemen came and took us to the local police station wherein another policeman made some memo asked my name fathers name address and left thumb impression(which they called arrest memo), asked to take off our watches, wallets and specs and mobiles and then put us behind the bar. After 3-4 hrs a person who introduced himself as a lawyer came and get our signatures on some forms. We even signed the Vakalatnama. We were asked to give him Rs. 500/-, however we had only around 350/- and we handed it over to him.He return him a challan type paper.. He said we were booked /s 34 of Police Act and he will give the fine on behalf of us next day in the court and we don't need to come either to PS or to Court ever thereafter. And we were never called to anywhere. Meanwhile after working in a private company for a few years I have got an opportunity is State Civil Service. Now the problem is what should I do? In declaration form ever arrested , detained,bound down,convicted part.. can this case become a hindrance to my govt job opportunity?. I'm ready to spell out everything if it's needed, but neither I have the contact details of the lawyer, nor I have any document whatsoever with me related to that particular incident. So even if I want to tell them the truth during my verification I have no document to shed light on it and no document to substantiate my claims. 1. Do I have any other option to check whether this incident is coming up during a verification or not? 2. Can I obtain a Character Certificate (I already have a passport) without citing any reason? 3. Should I declare that I was arrested and convicted? 4. Even if I do so I have no document, no case no - nothing with me, and as per the rule I have to give these details. 5. Where can I get these details? 6. If I don't declare this incident will it come up during background verification? 7. Can this be a hindrance to my opportunity as I don't want to let this opportunity go. Please suggest. I'm in dire need of suggestions.please help me
Asked 2 years ago in Criminal Law from Burnpur, West Bengal
Religion: Hindu

1) you can apply for Police clearance certificate

2) it would reflect whether there is any criminal case is filed against you

3) mention you were caught drinking on roadside and fined

4) the details of case if any would be in police station where you were arrested

5) you should not suppress any material information

6) it would not be hindrance in getting a job

Ajay Sethi
Advocate, Mumbai
69139 Answers
4158 Consultations

5.0 on 5.0

It is minor offence and you were released on

Payment of fine

2) case would have been disposed of at that stage on fine being paid

Ajay Sethi
Advocate, Mumbai
69139 Answers
4158 Consultations

5.0 on 5.0

1. Do I have any other option to check whether this incident is coming up during a verification or not?

Answer. It won't be a part in your verification as it is a petty case which won't be considered.As a part of verification if an individual is convicted or confessed before the court of law either it may be in cognizable or non cognizable offences then the verification part would be a hindrance to you, but in your matter it is only a normal petty case which won't be under any sort of offence.

2. Can I obtain a Character Certificate (I already have a passport) without citing any reason?

Answer.- Take a clearance certificate from police Commissionrate which will be helpful to your job.

3. Should I declare that I was arrested and convicted?

Answer: Once you take a clearance certificate from Commissionrate that itself shows your character and no such sort of arrest would be considered.

4. Even if I do so I have no document, no case no - nothing with me, and as per the rule I have to give these details.

Answer:-No need as it is a normal petty case there won't be any sort of documentary proof.

5. Where can I get these details?

Answer:- Once you get the Police clearance certificate from police Commissionrate.

6. If I don't declare this incident will it come up during background verification?

Answer:- police verification certificate itself is a background verification certificate which will shows your character certificate

7. Can this be a hindrance to my opportunity as I don't want to let this opportunity go. Please suggest. I'm in dire need of suggestions.please help me

Answer:- There won't be any hindrance to you as you can grab the opportunity with fare go.

Anirudh Nellikonda
Advocate, Hyderabad
1 Answer

4.0 on 5.0

Sir

you need to worry about as you have not been arrested ,detained or any chargesheet filed against you.Moreover no MLC has been conducted and mere statement u/s 161 cannot be valid and acceptable to court.

Anand Shukla
Advocate, Delhi
487 Answers
12 Consultations

4.9 on 5.0

Before giving any declaration, you should approach the concerned Police Station and seek Information pertaining to this case. Find out, if this is still pending or disposed off.

If you manage to pull out the case details, including case number etc., you may file a questionnaire and seek all the relevant details.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Dear Client,

As per your version I think they made false arrest and false documentation to get money from you. I think they all simply cheated you. If still have a doubt then go to G.R section (General Record) of your local jurisdiction and give the dated of arrest and find out if there is any case registered or not.

Avik Ghosh
Advocate, Kolkata
3 Answers

4.0 on 5.0

On the face of it it appears as if no case was ever made out or filed against you by police.

Applicable Sections in case of drinking at a public place are- S.268 r/w 260 of IPC and S. 84/85 of Bombay Prohibition Act.

Under S. 85 of Bombay Prohibition Act, if applicable, you would have been produced before the court and a final judgement would have been passed (or otherwise the matter would be sub judice). Since nothing of this nature happened and you were never summoned by the court, I can presume that the police never filed a case against you in the first place. Prosecution in court is a mandatory element under S. 85.

Lastly, just to be sure, you can approach the local police station and the police station where you were actually taken and enquire if a matter is pending against you in their respective police station. No need to fear the police, they will co-operate. Otherwise hire a lawyer to do this job on your behalf.

Hope this answers your query.

Abhishek Mishra
Advocate, Delhi
2 Answers

4.0 on 5.0

1- you should fill R.T.I. in same police station where you so called booked.

from you get the inform. and all details that you arrested or not.

--you also got n.o,c, from s.p. office and get certificate.

-- Do not hindrance any information.

thanks

parvez akhtar ad

Parvez Akhtar
Advocate, Mandsaur
15 Answers

4.0 on 5.0

It ws not a petty offence and the same is not offence involving moral turpitude.

So you can very well conceal this case and keep the column blank.This is not material misrepresentation.

This Information is unlikely to be unearthed during police verification.

Devajyoti Barman
Advocate, Kolkata
18135 Answers
260 Consultations

5.0 on 5.0

Firstly you have not been produced before magistrate to decide your conviction, so it was simple fine which police act empowers police to collect. Thirdly this incident would not make any affect on your opportunity. This is not an offence which discribe your bad character

Rajesh Kumar
Advocate, Ludhiana
119 Answers

4.0 on 5.0

1. Do I have any other option to check whether this incident is coming up during a verification or not?

This will not come under verification since this is a petty case and the police will not maintain records of such petty cases once it is disposed with fine

2. Can I obtain a Character Certificate (I already have a passport) without citing any reason?

From Where? police?

Dont do any such mistake, who is police to certify your character.

3. Should I declare that I was arrested and convicted?

Dont do that, you were actually not arrested, just detained and were let off on paying fine, even otherwise you are not knowing if there was a case filed or fine paid, it is a matter of three years ago.

4. Even if I do so I have no document, no case no - nothing with me, and as per the rule I have to give these details.

Dont bother so much, dont declare or reveal any such details.

5. Where can I get these details?

In the same police station

6. If I don't declare this incident will it come up during background verification?

This will come under any verification report

7. Can this be a hindrance to my opportunity as I don't want to let this opportunity go.

If you are frightened about this petty issue and declare then it may make an adverse impact, better dont reveal anything in this connection in any application form

T Kalaiselvan
Advocate, Vellore
58991 Answers
749 Consultations

5.0 on 5.0

Sir is it arrest?detained?prosecuted?

It is none

Is it criminal offence?

It is a petty offence

If any case or for lodge my name police or court send me notice in 5 yrs??

nothing

T Kalaiselvan
Advocate, Vellore
58991 Answers
749 Consultations

5.0 on 5.0

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