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Final report against FIR u/s 323, 147, 279
13-Sep-2024 (In Criminal Law)
An FIR filed against me and four other u/s 323, 279, 147 and police sent the final report without any charge.. now what should I reply to the question i.e. Have you ever been prosecuted?? asked in attestation form?? Pls reply.
since there is no prosecution so you can mark that you have not been prosecuted. Whatever form you are filling the prose ution means if you have been prosecuted by any court in India or not. if you do not have any earlier prosecution, you can deny it
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In order to be considered as having been prosecuted, a formal trial must be conducted by a magistrate court for a criminal offense. In your case, since no trial has occurred and the final report (chargesheet) was filed without any charges being brought against you, there has been no prosecution. Thus, you have not been subjected to a trial or prosecution. Consequently, the appropriate response to indicate on any relevant form would be “No, I have never been prosecuted.”
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Adv. Shubham Sharma
Delhi | 25+ Answers
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since the final report has been filled by police but the case is yet to be closed if the same is not accepted by the concerned Court and is pending therefore your answer should be in affirmative and you should provide the perticular of the case details as well
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Adv. Arjun Singh
Delhi | 25+ Answers
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