Hi Sir,
In 2011, my brother's wife (her parents have the only daughter) committed suicide due to health issues. The police filed a complaint under sections 498A and 304B against four family members (My brother as A1, Mother as A2, Father as A3, and myself as A4).
I am the A4 person in this case.
In November 2015, the case was acquitted in the district court after presenting health issue reports and doctors as witnesses.
Subsequently, her mother filed a petition in the State High Court to challenge the district court's judgment, which has been pending for the last six years.
I am looking to join an MNC company that conducts background verifications.
My questions are:
1) Do I need to provide details of the high court case in a new company, or only a copy of the district judgment?
2) If I disclose the details of the pending high court case, will it affect my job application?
3) Do MNCs take into account existing pending cases in the high court or the previous acquittal in the district court?
Thank you.
From India, Hyderabad
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In 2011, my brother's wife (her parents have the only daughter) committed suicide due to health issues. The police filed a complaint under sections 498A and 304B against four family members (My brother as A1, Mother as A2, Father as A3, and myself as A4).
I am the A4 person in this case.
In November 2015, the case was acquitted in the district court after presenting health issue reports and doctors as witnesses.
Subsequently, her mother filed a petition in the State High Court to challenge the district court's judgment, which has been pending for the last six years.
I am looking to join an MNC company that conducts background verifications.
My questions are:
1) Do I need to provide details of the high court case in a new company, or only a copy of the district judgment?
2) If I disclose the details of the pending high court case, will it affect my job application?
3) Do MNCs take into account existing pending cases in the high court or the previous acquittal in the district court?
Thank you.
From India, Hyderabad
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Dear Kodi,
Any appeal against the orders of a judicial forum is a legal right of an aggrieved party to a case and it can be exercised endlessly up to the highest judicial forum. Therefore, in your case, as of the date, the verdict of the trial court only stands as an indicator of your character as a member of civil society free of any criminal involvement so far as any employment is concerned.
However, in order to avoid further queries in this regard by the prospective employer, it is better to mention the pending appeal. Such disclosure would also clear doubts of any suppression of material facts.
I don't think any reasonable employer would reject the candidacy of a prospective employee otherwise suitable in all respects merely on the ground of a pending private appeal in a criminal case.
From India, Salem
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6185Any appeal against the orders of a judicial forum is a legal right of an aggrieved party to a case and it can be exercised endlessly up to the highest judicial forum. Therefore, in your case, as of the date, the verdict of the trial court only stands as an indicator of your character as a member of civil society free of any criminal involvement so far as any employment is concerned.
However, in order to avoid further queries in this regard by the prospective employer, it is better to mention the pending appeal. Such disclosure would also clear doubts of any suppression of material facts.
I don't think any reasonable employer would reject the candidacy of a prospective employee otherwise suitable in all respects merely on the ground of a pending private appeal in a criminal case.
From India, Salem
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Any employer making a decision in such matters has to consider the judgment, and in particular, the facts and circumstances against the accused prospective employee. As per the details given above, the acquittal was based on merit and not on technicalities. Therefore, there is no stigma attached to it, as pointed out by the well-considered opinion of Umakanthan Sir.
You may disclose the facts and attach the district court order. It is not likely to go against you.
From India, Mumbai
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You may disclose the facts and attach the district court order. It is not likely to go against you.
From India, Mumbai
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In this case, the petitioner died after filing in HC.
Can the pending case be transferred to any other person (blood relatives) after the petitioner's death?
Is there any law stating that a criminal case can be transferred as in property cases (after the death of the father, the son can run the property case)?
Before the death of a petitioner, do they have the right to fight on behalf of themselves (like through GPA, etc.)?
In HC, it has been pending for more than six years, so should one visit an advocate or ignore it (considering the petitioner has died)?
Regards,
Kodi
From India, Hyderabad
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Can the pending case be transferred to any other person (blood relatives) after the petitioner's death?
Is there any law stating that a criminal case can be transferred as in property cases (after the death of the father, the son can run the property case)?
Before the death of a petitioner, do they have the right to fight on behalf of themselves (like through GPA, etc.)?
In HC, it has been pending for more than six years, so should one visit an advocate or ignore it (considering the petitioner has died)?
Regards,
Kodi
From India, Hyderabad
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If the appellant was convicted with a fine or imprisonment or both and died while his appeal was pending, that part of the sentence relating to the fine cannot be abated under section 394 of the CrPC, and his legal heir can prosecute the appeal. However, in this case, the appeal was filed by a private party against the acquittal in the criminal case. Therefore, in my opinion, such an appeal gets abated with the death of the appellant.
From India, Salem
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From India, Salem
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What is the source of the information that the appeal has been filed and it is pending? If you have not received any summons or notice of the court, it cannot be said that you have information of the pending appeal.
Maybe, you are overzealously monitoring the e-Courts.
It is sufficient that the fact of acquittal alone be disclosed, that too, to the extent the information is sought. It is important that there should be no suppression of information, but it is equally unwise to venture to disclose aspects of which you have no direct information.
From India, Kochi
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Maybe, you are overzealously monitoring the e-Courts.
It is sufficient that the fact of acquittal alone be disclosed, that too, to the extent the information is sought. It is important that there should be no suppression of information, but it is equally unwise to venture to disclose aspects of which you have no direct information.
From India, Kochi
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Yes, we received a summons from the High Court.
The petitioner filed an appeal in the High Court to cancel the judgment of the lower court. Later, the petitioner passed away due to health issues.
My only question is, is there any chance that a criminal case can be transferred to the legal heir of the deceased individual?
And, do I still need to approach the High Court with the help of an advocate or should I ignore it since the petitioner has passed away?
From India, Hyderabad
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The petitioner filed an appeal in the High Court to cancel the judgment of the lower court. Later, the petitioner passed away due to health issues.
My only question is, is there any chance that a criminal case can be transferred to the legal heir of the deceased individual?
And, do I still need to approach the High Court with the help of an advocate or should I ignore it since the petitioner has passed away?
From India, Hyderabad
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