False FIR

Querist : Anonymous (Querist) 18 February 2011 This query is : Resolved
RESPECTED EXPERT I need help on following fact:-
A false FIR is lodged against Public Servant("Mr.A") and Supplier Farm(B).

Fact of the case is that Supplier Farm(B) is awarded with some supply work by the government.Accordingly supply was made by Supplier Farm(B) and received by Public Servant("Mr.A").

But according to private person who lodged the FIR the supplied materials never reached the office of Public Servant("Mr.A") nor in the project site for which material was allotted though it was dispatched from Supplier Farm(B) place.so they alleged that it was misappropriated by Supplier Farm(B) and Public Servant("Mr.A").

Now under above FIR by two private person the case is registered under Section 407/409/34 of IPC by the Police Station which have jurisdiction over the Supplier Farm(B).Though two private persons who lodged the FIR belong from the place where Public Servant (Mr.A) is serving but they did not lodged any FIR in th Police Station which have a jurisdiction over Public Servant (Mr.A)serving place and the place where the government project is going on.

Moreover this FIR is Politically motivated and the OFFICER-IN-CHARGE is taking self interest in this case that is why the FIR is lodged place where his have jurisdiction not in the place where Public Servant (Mr.A) is serving.
Question:-
1-under above fact what is the best legal remedies available to Public Servant (Mr.A). Should he go for anticipatory bail or Quashed of FIR.???
2- Under above fact do Police from Police Station where FIR is lodged have right to arrest Public Servant (Mr.A).??
3-Under above fact do O.C. of concerned police station has right to take cognizances of above FIR/Case.???
3- Any others legal advice Pliz.??

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adv. rajeev ( rajoo ) (Expert) 19 February 2011
Any how FIR is filed if he wants to challenge it file a writ in the high court to quash FIR, or if he managed the police there will be chances of filing B report by the police.
If charge sheet is filed then he will have to face the trial.

G. ARAVINTHAN (Expert) 19 February 2011
If you have prima facie case, file an application under Sec 482 Cr.P.C to quash the FIR

Ajay Bansal (Expert) 19 February 2011
File both application for anticipatory bail and petion u/s 482 for quashing of F.I.R.

Querist : Anonymous (Querist) 20 February 2011
RESPECTED EXPERTS,
Thank's you all for reply.But sirs it will be more greatful by you all if i get the answer of my quires no.2,and 3.

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