Hi Sir, In 2011 my brother wife (here parents have the only daughter) committed suicide due to health issues, police filed a complaint under section 498A and 304B on my family members of four (My brother as A1 and Mother as A2, and father as A3 and me as A4).
I am the A4 person in this case.
In 2015 November case was acquitted in district court after showing health issues reports and doctors as witnesses.
Later her mother filed a petition in the State of High court to cancel the district court judgment, which is still pending for the last six years.
I want to join an MNC company, which they do background verification.
My question is when I join MNC
1) Do I need to give high court case details in a new company or only a district judgment copy?
2) If I give high court pending case details, do they reject my job?
3) Are the MNC consider the existing pending cases in high court or old acquittal district court.
From India, Hyderabad
I am the A4 person in this case.
In 2015 November case was acquitted in district court after showing health issues reports and doctors as witnesses.
Later her mother filed a petition in the State of High court to cancel the district court judgment, which is still pending for the last six years.
I want to join an MNC company, which they do background verification.
My question is when I join MNC
1) Do I need to give high court case details in a new company or only a district judgment copy?
2) If I give high court pending case details, do they reject my job?
3) Are the MNC consider the existing pending cases in high court or old acquittal district court.
From India, Hyderabad
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 upto the highest judicial forum. Therefore, in your case, as on the date, the verdict of the trial court only stands as an indicator of your character as a member of the civil society free of any criminal involvement so far as any employment is concerned.
However, in order to avoid further query in this regard by the prospective employer, it is better to make a mention about the pending appeal. Such a disclosure would also clear the doubt of suppression of material facts.
I don't think that any reasonable employer would reject the candidature of a prospective employee otherwise suitable in all respects merely on the ground of pendency of a private appeal in a criminal case.
From India, Salem
5967Any 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 upto the highest judicial forum. Therefore, in your case, as on the date, the verdict of the trial court only stands as an indicator of your character as a member of the civil society free of any criminal involvement so far as any employment is concerned.
However, in order to avoid further query in this regard by the prospective employer, it is better to make a mention about the pending appeal. Such a disclosure would also clear the doubt of suppression of material facts.
I don't think that any reasonable employer would reject the candidature of a prospective employee otherwise suitable in all respects merely on the ground of pendency of a private appeal in a criminal case.
From India, Salem
Any employer taking a decision in such matters has to consider the judgement and in particular the facts and circumstances against the accused - prospective employee. As per the details given above, the acquittal was on merit and not on technicalities. So there is no stigma attached to it, as pointed out by the well-considered opinion of Umakanthan Sir.
So you may disclose the facts and attach the district court order. It is not likely to go against you.
From India, Mumbai
So you may disclose the facts and attach the district court order. It is not likely to go against you.
From India, Mumbai
In this case petitioner died after filing in HC.
Is pending case can transfer to any other person ( blood relatives) after petitioner death.?
Is any law that criminal case can be transfer as likes in property cases ( after death father, son can be run the property case)...?.
Before death of a petitioner can she/he right to fight on behalf of him/her. ( Like GPA etc).?
In HC more than six year it is showing pending so do visit advocate or ignore. (as petitioner died).
Regards
Kodi
From India, Hyderabad
Is pending case can transfer to any other person ( blood relatives) after petitioner death.?
Is any law that criminal case can be transfer as likes in property cases ( after death father, son can be run the property case)...?.
Before death of a petitioner can she/he right to fight on behalf of him/her. ( Like GPA etc).?
In HC more than six year it is showing pending so do visit advocate or ignore. (as petitioner died).
Regards
Kodi
From India, Hyderabad
If the appellant was convicted with fine or imprisonment or both died when his appeal was pending, that part of the sentence relating to fine cannot get abated u/s 394 of the CrPC and his legal heir can prosecute the appeal. But, here the appeal was preferred by a private party against the acquittal of the criminal case. Therefore, such an appeal, in my opinion, gets abated with the death of the appellant.
From India, Salem
From India, Salem
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..
May be, you are overzealously monitoring the e_Courts.
It is sufficient that the fact of acquittal alone be disclosed, that too, to the extant the information is sought. It is important that there should be no suppression of information, but is equally unwise to venture to disclose aspects of which you have no direct information.
From India, Kochi
May be, you are overzealously monitoring the e_Courts.
It is sufficient that the fact of acquittal alone be disclosed, that too, to the extant the information is sought. It is important that there should be no suppression of information, but is equally unwise to venture to disclose aspects of which you have no direct information.
From India, Kochi
Yes, we received summons from HC.
Petitioner went to appile in HC to cancel the lower court judgement.
Later petitioner died due health issues.
My only question
Is any chance a criminal case can be transfer to legal heir person.
And
Still do I need to approch HC with help of advocate or ignore as petitioner died.
From India, Hyderabad
Petitioner went to appile in HC to cancel the lower court judgement.
Later petitioner died due health issues.
My only question
Is any chance a criminal case can be transfer to legal heir person.
And
Still do I need to approch HC with help of advocate or ignore as petitioner died.
From India, Hyderabad
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High court case.docx
Anita Hada case of 2008 Rajasthan High Court.pdf