Can being accused in sec144 crpc affect recruitment in gov job

514 votes

yes your lawyer is right, as an order under section 144 cannot be of a permanent or a semi-permanent nature.
This was held in the case of Acharya Jagdisharanand Avadhut v Police Commissioner, Calcutta where the Anand Margis were prohibited from conducting Tandava dance on the streets or carry skulls in their processions, by an order of the Commissioner under section 144 of the code. The first order lasted for two months and then after every gap of two months the Commissioner again issued the same order. This repetition of order was challenged.

The Supreme Court held this act of the Commissioner as an abuse of power and stated on page 58 that:
"the Parliament never intended the life on an order under section 144 of the code to remain in force beyond two months when made by a Magistrate. The scheme of that section does not contemplate repetitive orders and in case the situation so warrants steps have to be taken under other provisions of the law when individual disputes are raised. If repetitive orders are made it would clearly amount to abuse of the power conferred by section 144 of the Code."

Advocate Rohit Kaul LawRato

515 votes

Yes it can affect in ur joining of job because its also a criminal case but if u r acquittal in this matter then there will be no problem,and what ur lawyer said is depend on your cases ,so if you properly explain me or your lawyer then the proper answer can be given.

Advocate Ashutosh Mishra LawRato

989 votes

Dear sir,

Please fill up the form according to record if you had been arrested than reply the same.
Dont conceal the facts as it may go against you in future.
It might be a strong cause of termination of your job
Thanks

Advocate Parveen Kumar LawRato

595 votes

See in your situation you cannot tick for being prosecuted as you have not been a party to any criminal trial. For better understanding need to know of what document you signed and the update of the case pending in Jharkhand.

Advocate Ramaditya Tiwari LawRato

954 votes

In cases where, in the opinion of a District Magistrate, a Sub- divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order statingthe material facts of the case and served in themanner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property inhis possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, of an affray.An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.

Advocate Vaibhav LawRato