Dear Cite Hr,
Please help a person to take a crucial decision.
1) Person-A has filed an FIR against Person - B, specifying false reasons.
2) Person-B get bail, and applied for quashing of the FIR, in the high court.
3) Judge ordered stay on police verification & attendance.
4) Now Person-B is freely attending his office. Charge sheet filing is stayed.
5) person-A does not appear before court in spite of notices several times
6) In this situation, can Person-B switch to other company, is he safe w.r.t police verification of new company.
Person-B belongs to state - X, working in a company in State - Y.
He needs to join other company in State - Z
Please help person-B, to take decision, whether he should switch the company or not.

From India, Mumbai
Hello citehr_me,
It could also be helpful for those who CAN suggest if you give the timeframes--from (1) thru (5)--when did each stage happen & the last court hearing when Person A didn't appear.
Rgds,
TS

From India, Hyderabad
Thanks Mr. tajsateesh, I will provide u probable dates,

1) FIR files against Person- B, in the month of Jan,2010
2) Quashing Application put by Person - B, on March 2010,
3) Person B got order of stay of all police verification & got interim relief as asked by Person B to court, and to notice complainer,
4) Person B continued in current office, Notice sent to complainer was unserved on Jun, 2010, and get served on Nov,2010. But the complainer did not attend the court.
5) Person B filed affidavit for the notice serve & not coming of complainer despite many attempts from Person B.
6) Person B got approximately 14 dates, out of which 3 hearing, remaining time matter sequence number could not come on board. Till date complainer has never attended court. Person B's company is aware of all facts, as Person B went to complainer's office on official purpose, Person B current organization is an Indian MNC.
7) Person B's case is quite strong, waiting for successful hearing.
8) Now Person B wants to quit current company & join other US MNC, but affraid of police verification, if new company knows about the case of Person B, then how will it react.
9) Chargesheet against Person B is yet to file, as Quash application is still in court

So, please provide good idea, what shall Person B do.

Thanks & Regards

From India, Mumbai
Hello citehr_me,

I wouldn't be able to give any worthwhile LEGAL suggestion or advice, since my footing isn't in that field.

But going by the facts of the situation/case you mentioned, PURELY FROM THE REALITY, PRACTICALITY & ETHICAL points of view, this is my suggestion.

Since you mentioned that 'B' is actively considering joining the US MNC, I assume 'B' has got the job--meaning 'B' has a Valid Offer in hand. I also assume 'B' hasn't told anything about the case during the course of the interview process.

You also mentioned the present Company of 'B' knows about the full facts of the case & it does 'seem' they are supportive.

Pl confirm if the Present Company of 'B' knows about the new Offer?

If YES, suggest 'B' go to the new Company WITH all the Case Papers & talk F2F [wouldn't recommend telecons due to the delicate nature of the topic] with the concerned HR person(s) & update them about the case & it's current status. The Worst-case scenario would be: "We withdraw the Offer". With the current job still in-hand, 'B' shouldn't be worried.

If NO, I would suggest that 'B' forget about the US MNC's Offer for now AND stay back in the Present Company UNTIL HIS CASE IS RESOLVED & he is exonerated. Let 'B' focus on how to expedite the Final Hearing/Ruling of the case. The reason why I am suggesting this is for 2 reasons:

1] 'B' will be better off in the Present Company--BOTH mentally & emotionally--AS LONG AS his focus is on resolving the case.

2] In the initial phases of the case [when the FIR was filed], the Present Company HAD AN OPTION of suspending or terminating 'B', but DIDN'T, like many companies do [after all who would like to get involved in police cases--whether we like/agree it or not, that's the world]. I think 'B' owes it them that he/she is still earning & THAT MEANS A LOT in such circumstances.

Rgds,

TS

From India, Hyderabad

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