fake fir

Good evening,

We can help you better if you could be specific in respect to facts of your case~

If a person files an FIR against any person, which is deemed to be fake, the person filing such false complaints will be punishable under law. 

Section 182 of the Indian Penal Code (IPC) states that if any person provides any information to any public servant or a police person, against an innocent person, which he knows is false, and such information causes annoyance to that innocent person, then the person complaining will be imprisoned, fined, or both. Section 211 of the Indian Penal Code also states that if any person falsely charges any person with the intent to injure them, without any lawful justification will also be fined, imprisoned, or both. 

You can file a complaint under these two sections with the same police officer, or an officer in a higher position than the police officer, who can then file a case against such police officer in the magistrate court.

Hope this helped!

Regards,

Nandini

A citizen can file a complaint to Police.   The police then have to register a complaint and then give a number it and then it is treated as FIR.  The police have to conduct an investigation and if it is true then have to file a Charge sheet before a competent court, if not true, then they have to treat it as false and refer the case to court, and issue such notice to the complainant.   Depending on the version of the complainant in response to such notice, the court may decide further action.  It is not clear as to who is treating the complaint as false, and after the complaint is closed in a lawful manner, then the victim can start such remedies after contacting his advocate for unlawful and false complaint.

Whether the complaint has been held / decided / judgement passed to be false or it is your presumption ?