• For DD case, was charged with Section 75 TNCP act, with fine they let go

One of my friend was caught by police while driving back home. He was drunk, but was within limits. He was caught by police and they filed FIR on him under Section 75 of TNCP ACT (Petty offence for verbal abuse).He paid fine with some additional amount and they let him go in 30 mins. Now the police are uploading FIR's online and this record is online. 
1. Can the police let him go after getting fine/money even after FIR? Previously people will go to mobile court and pay the fine ?
2. He did not get any message from court? But FIR status show closure report/Charge sheet sent to court ? Can the police collect the fine on court behalf ?
3. He got offer from an IT MNC and his Background verification is in progress. Will this affect his career?
4. Will this create any issue while applying for passport renewal/ Visa for foreign?
5. Also this is showing in ecouts website. Only in tnpolice website this is showing.
6. Also they just got his name and address and no other info did they get in FIR.

Thanks.
Asked 5 years ago in Criminal Law
Religion: Hindu

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8 Answers

1) The law states when a public servant, in charge of maintaining public peace, questions a person while performing his lawful duty, must be replied to politely.the law penalises a person for committing breach of public peace.

 

 

2) Expanding on the provision, if a person is found drunk, under the influence of liquor or drugs, incapable of taking care of himself, behaving violently or in riotous manner using threatening or abusive language at public places would be held liable for causing breach of public peace.

 

3)  person found in such breach of public peace shall be liable to a maximum six months jail or fined up to Rs. 1000.

 

4) it would not affect his career 

 

5) would not affect renewal of passport or issue of visa 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Dear Client,

If he was under alcohol limit, no offense made out of drink and drive. Than he must be fined for some other thing. AS once FIR is filed, only through court order person is relieved either by paying fine or jail or both. But in motor vehicle act, police has authority to collect challan, may be same permitted to police under TNCP act.

In verification, above case will mention but pity in nature and acquitted after paying fine, so no complications.

In passport verification too it will mention but no issue.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Since fine has been applied and the case is dispossed off, there not much to worry about and there won't be any trouble in case of police verification while applying or getting a government job Or Foreign Visa . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Date of registration of FIR?

I would like to peruse the FIR.

I am available to take calls after 14.30hrs daily .

My number is available in google .

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Tell your friend to seek advice. Are you his servant??

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

1. He paid the fine amount, thus compounded the offence. So police had to let him go as it was an admission of guilt.

2. The FIR is for a petty offence so it should not hamper his career prospects.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

He needs to check with the court whether chargesheet has been filed or not. If the chargesheet is filed he needs to take court's permission to renew Passport and visa

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

1. If there is a FIR registered then the same  shall be closed only through court, since he has already collected the fine amount,m he would deposit the same in the court and arrange for closure of the FIR. 

 

2. Yes, the police can collect fine amount and deposit the same in the court on the next day.

 

3. Since this is a petty offence, it may not reflect in the background verification police report.

 

4. Perhaps no.

 

5. Make an inquiry from the concerned police.

 

6. That information is sufficient for petty offences.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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