Will an FIR filed against me affect my career
29-Dec-2023 (In Civil Law)
My wife n I are .gov employees, married in Jan 2016. Now m asking her to resign her job n live a happy life with me. She is rejecting to resign because she have to repay the loan her parents brought in our marriage. But infact that's not the issue, because when I said I will repay that amount still she is rejecting to resign. I asked her to bring her ppl when she went her mother's home for talks but arrogantly she went police station along with her people n given complaint on me under DP Act n blackmailing me to obey her desire for job otherwise we Will put FIR n spoil your career. I want to know from you sir, if FIR books against me, m I jailed n produce before court? Will I suspended from job? Is it bailable? I have not done ANY harassment except asking her to resign to lead a peaceful life. How much duration the case takes? When m innocent Will the court punish me? If m sentenced, am I eligible to appear civil services examination? As m preparing for UPSC. Kindly inform,
1. Yes, if FIR registered under DP Act you may get arrested without arrest warrant since its cognizable offence but if you have suspicion you can apply for anticipatory bail beforehand. Once you arrested police will produce you before magistrate within 24 hours. It depends if the court give you police custody then you will be in police holding cell if the court gives you judicial custody then you will be in jail.
2. Per Govt. regulations once you are arrested in cognizable offence, you will be suspended from service but if you get bail you can be reinstated.
3. Under DP Act no harassment are cruelty is required mere demand for dowry is enough if there is cruelty or harassment then they can file 498A as well.
4. No court will punish people who are not guilty but to prove your innocence you need a good Advocate to defend you who can bring the facts out.
5. Supreme Court in 2010 given permission to Rape convict to become IAS. Follow the link. Good Luck
http://www.dnaindia.com/india/report-supreme-court-paves-the-way-for-rape-convict-to-join-ias-1413810
Disclaimer: The response to your query is general in nature not a legal advice to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
2. Per Govt. regulations once you are arrested in cognizable offence, you will be suspended from service but if you get bail you can be reinstated.
3. Under DP Act no harassment are cruelty is required mere demand for dowry is enough if there is cruelty or harassment then they can file 498A as well.
4. No court will punish people who are not guilty but to prove your innocence you need a good Advocate to defend you who can bring the facts out.
5. Supreme Court in 2010 given permission to Rape convict to become IAS. Follow the link. Good Luck
http://www.dnaindia.com/india/report-supreme-court-paves-the-way-for-rape-convict-to-join-ias-1413810
Disclaimer: The response to your query is general in nature not a legal advice to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
Certainly any criminal case would affect your career. If any Govt. Employee is in jail for more than 48 hrs, he will be suspended. Bailable or not depends upon the nature of allegations and offencec. Its prematured to say.
sir even as per the recent judgments in 498A and DP Act cases arrest should not be done without any compelling reasons and notice under section 41A of the code of criminal procedure is to be issued priorly and conciliation must be done with you and your wife and you can file restitution of conjugal rights before lodging and numbering of complaint on the valid ground you have then you can apply for quash of proceedings in hc
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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