- This topic has 25 replies, 19 voices, and was last updated 1 year, 1 month ago by
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SHi everyone,
I’m dealing with a seriously stressful situation and need help understanding what legal options I have.
Last month, I had a minor road accident in Kerala. I lost control of my car because my BP suddenly dropped — it was a medical issue, not drunk driving or reckless behavior. Unfortunately, a 13-year-old in the other car had a nosebleed, but the hospital confirmed there was no fracture or serious injury. He was discharged the same day. The other car was quite old (maybe 15 years), and while it was damaged, everyone was okay.
Still, the police filed an FIR and included BNS sections 125(a), 125(b), and 281. The case is still ongoing.
Now here’s the real problem, the FIR PDF was uploaded on the Kerala Police website and includes my **f**ull name and full home address. That document is now showing up in Google Search results when someone types my name.
I’m 99% sure this has messed up my background verification, and I’m already facing issues in my current company because someone flagged it.
And this is for something I’m still going through legally, where I haven’t been convicted or found guilty of anything.I already submitted a request to Google to de-index the result but they refused, saying it’s a government document and in the public interest. But honestly, this was a minor incident and now my name is stuck in search results like I’m a criminal.
# What I want to ask:
* Do I have any rights under Indian law (Right to Privacy / Right to Be Forgotten)?
* Has anyone actually got a FIR link removed or hidden from search?
* Is filing in High Court the only way forward?I’m not trying to hide anything from the law. I’ve been cooperating from day one. But it feels completely unfair that something like this which started with a health issue, and didn’t result in serious injury is now showing up on Google and impacting my career.
Any advice would really help. Thanks.
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PLawyer here. There is no other way except filing in the High Court. However it’s not as easy as filing. For quashing the fir you will need documented proof that it was a medical issue. For the next part, the right to be forgotten, you will need again documented proof of how it is negatively impacting you at work. A mere mention of the same will not suffice. You can search ‘Kerala high court right to be forgotten’ to find the courts general stance, it is not in your favour. However, considering the unique situation where your accident was caused by a medical condition yet reported as drunk driving may help convince the court.
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DThats just quashing. Then the quashing file also will show up online. There is no escape from this. People dont pause to read the whole things. Quashed will be written at the end of the document . It will start as mr sharma vs state of kerala, first respondent etc etc.
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Dbrother we are talking about online presence of such cases. to delete that you need a court order to delete it from websites like india kanoon and such
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LWell, unfortunately it’s a public record and Google can’t do much.
Unfortunately in India you are guilty until proven innocent. You will have to live with it.
In the US, cases like DUI are common and don’t affect job unless you apply for a driver’s job.
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AIn addition, if we get BGV done and there is a case ongoing wrt accident, we green flag it. MNCs will not do the same, Maby established orgs also will play safe. Smaller firms, Start Ups won’t care on this kind of BNS case. Think if you can get a settlement done with other person, so that case can be withdrawn.
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DNothing can be done. I have a file on my name since 2014. And what you are alleging is also not that right. What is issue at work or for any future work for getting into a road traffic accident.
mostly uneducated people who are looking for marriage alliance will get scared reading case. No one else is gonna google your name. not even employers.
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ANAL. I don’t this affects your background verification. Road accidents are civil offenses unless it involves hit and run or intoxicated driving. This does not affect the your background verification or job situation in any way.
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AIf your employer isnt buying your explanation, you are probably better off to move away from such toxic people.
You say medical issue? Were you attended for low BP situation? If yes then that should be slam dunk case in your favor. If not then it’s your word against what the police documented. Is there a option to settle with other party? Like what are they looking for if anything from you? Settle and be done with it.
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CWas there any medical report which stated that the accident was due to your medical condition or only your statement without any proof?
The only way you can save yourself is by getting the FIR quashed. Once it’s quashed you can initiate proceedings to get your name deleted from Google /bing search engines. It won’t be deleted from the Police website and its database.
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POff topic. How does someone in your company flag it. Did they randomly search your name or is there any agency or some kind of software which searches these things?
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SIt wasn’t flagged by any agency or tool. Someone from leadership just Googled my name …that’s all it took. The FIR PDF showed up, and since I’m being considered for a director-level role, it raised concerns about public perception.
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