appears to be an academic query . please state facts of your case
Does FIR spoil one's career
Does a FIR spoils one's job career ? Abroad Travel ? Even processing application and job application there is a column like 'Have you ever been convicted ' or we need 'Police Clearance Certificate (PCC) Details'. Please explaint in regard with the following scenario : 1) when the FIR filed ? 2) Case is on pending ? 3) Convicted ? 4) False FIR or proven not guilty ? Is there any way to cancel the FIR if judged not guilty ?
Asked 10 years ago in Family Law
Religion: Hindu
8 Answers
I used my brother's passport to travel from abroad to india in 2006. He is threatening me to extract money . We gave money when we compromised before.. dont want to give any more ... Can he file an FIR against me ? how does it affects my job career. He got fresh passport now.
Asked 10 years ago
Apart from indescribable ignominy ensuing from and incidental to the registration of a FIR the legal rights of an accused are also emasculated. The right to apply for a government job, go abroad, apply for passport receive a serious jolt and are suspended sine die during the pendency of a case.
The second question posted by you is a repeat of an earlier query which has already been answered.
Can normal led after the court judeges against the FIR regardless of punishment/let free ? Will there be any effects in life when FIR filed against one in any case ?
Asked 10 years ago
Read my first answer. I have succinctly dealt with all the aspects of your query.
already replied
in your case offence occurred in 2006 . no FIR filed till now . delay in filing of FIR is seen as an abuse of process of court .
Prompt and early reporting of the occurrence by the informant with all its vivid details gives an assurance regarding its true version. In case, there is some delay in filing the FIR, the complainant must give explanation for the same. Undoubtedly, delay in lodging the FIR does not make the complainant’s case improbable when such delay is properly explained. However, deliberate delay in lodging the complaint may prove to be fatal. In such case of delay, it also cannot be presumed that the allegations were an after thought or had given a coloured version of events. The court has to carefully examine the facts before it, for the reason, that the complainant party may initiate criminal proceedings just to harass the other side with mala fide intentions or with ulterior motive of wreaking vengeance. The court proceedings ought not to be permitted to degenerate into a weapon of harassment and persecution. In such a case, where an FIR is lodged clearly with a view to spite the other party because of a private and personal grudge and to enmesh the other party in long and arduous criminal proceedings, the court may take a view that it amounts to an abuse of the process of law. (Vide: Sahib Singh v. State of Haryana, AIR 1997 SC 3247; G. Sagar Suri; Anr. v. State of U.P.; Ors., AIR 2000 SC 754; Gorige Pentaiah v. State of A.P.; Ors., (2008) 12 SCC 531; and Kishan Singh (dead) thr. Lrs. v. Gurpal Singh ; Ors., AIR 2010 SC 3624
Even if FIR is lodged and a criminal case is pending against a person that by itself does not require the Regional Passport Officer to impound/revoke the passport in every case. It is only in appropriate cases and for adequate and cogent reasons that such an order can be passed
already replied
