• Want to know the consequences upon the service

I am a practicing gynaecologist ( Male) for last 14 years in Govt. service First class gazetted officer). Recently I have  a heated argument with a Senior Lady Deputy secretary (First class Gazetted officer above my rank) regarding misplaced of my transfer file. It was started when she insulted me with few words regarding my profession .I didn't use any parliamentary /abusive word and the incident last for only for 2-3 minute and i don't have any pre intention for argument. I asked few question regarding the style of work in the department and possible loop hole of corruption in handling the files (which is a open secret). Being one of the efficient officer in the department, she annoyed with my argument and i came out and found  that I have been misdirected by another lady Personnel assistance When I charged the lady PA about her mislead with a pointing finger The Deputy Secretary was nearby and she lowered my finger with her hand. I came out with a verbal warning that i will take the issue with higher authority. On that day after 2-3 hour she made a FIR in local PS u/s 448
Now, Whether there is a chance to alter the FIR and add/change the section 
I donot have any witness infavour except my wife who was incidentally was there
All other 4/5 people witnessed about the incident washer subordinate and will be under influence of her
whether this will hamper my carrier and i have a good reputation in the Medical fraternity as there are very few doctors working in the periphery and i am indispensible in some very skilled Family planning programmes
Asked in Criminal Law from Guwahati, Assam
Since the FIR is completely false and motivated you should consider applying to the HC in the exercise of its extra ordinary constitutional jurisdiction to quash the same. A criminal case can certainly harm your career prospects in more ways than one.
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

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Hello,

Since you also have your own side of story, you may file a cross FIR against her narrating your side. If the SHO of the concerned Police Station is reluctant in lodging the FIR then you may File a complaint u/s 190 CrPC before the Magistrate of your area.

Apart from defending the FIR which had been lodged against you, the filing of counter FIR will give you some settlement leverage. Further, it is unlikely that the police will record your side of witnesses in the FIR which was lodged against you.

But you will have to move quickly with filing of a counter FIR since this delay will weaken your case. If you are not able to register a counter FIR, then try and persuade the police to add your side of witnesses in the investigation. 

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
32 Consultations

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