• Blackmail/extortion

There is this Guy who goes to BMC/police station in Mumbai regularly and complaints to the authorities.He then takes money from the person who has approached him to complaint on their behalf.what can be done to stop him from carrying out such activities.
Asked 6 years ago in Criminal Law
Religion: Muslim

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11 Answers

Kindly clarify your query once sir, it will be great if you can write in some detail.

If his is lodging a genuine complaint on behalf of someone then I am afraid nothing can be done.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

I do not think so that it calls for some complaint, if he is getting authorization from the concerned person and is making a genuine complaint. Yes you can tell the authorities that it is his profession but then also no action will be taken.

Moreover, you can not sue him until and unless you are affected by his actions/ inactions.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hi,

If he is complaining on behalf of other persons, under a valid authorization, then it is not against the law. Further, you cannot sue him unless you are personally aggrieved by his complaints. You can try complaining to the BMC authorities instead.

Regards,

Keerthiga Sharma

M.Com., CA, LL.B

Keerthiga Sharma
Advocate, Greater Mumbai
44 Answers
2 Consultations

5.0 on 5.0

1. What is the effect of his such complaint? Who gets affected for such complaint?

2. He/She who got affected with such false complaint can lodge a police complaint against him u/s211 of IPC for lodging false complaint for the purpose of causing damage.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Things are not clear. He lodges the complaint in his name or assists others in lodging complaints?

2. If he just assists others in lodging complaints, whether false or genuine, you can not do anyrthing to him and shall have to take on to the complainant only.,

3. Finally, the false complainant can be sued u/s211 of IPC by the accused.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

you can file police complaint under section 384 of IPC for extortion against said person

2)Punishment - 3 Years or Fine or Both

This is a Non-Bailable, Cognizable offence and triable by Any Magistrate

Ajay Sethi
Advocate, Mumbai
94682 Answers
7525 Consultations

5.0 on 5.0

To constitute an offence under Section 384 of IPC the defacto-complainant has to prove that he was put under

fear or dishonestly induced him to put in fear to deliver any property or valuable security.

Ajay Sethi
Advocate, Mumbai
94682 Answers
7525 Consultations

5.0 on 5.0

Hii..What kind of complaint ? How does his complaint is effecting you.?. If the complaints are based on facts then the police can take necessary action.. If they are false and vague then it is a hoax .. Are u being troubled by police on these bogus complaints? Kindly be more clear and specific

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. How are you aggrieved by what he does? Has he made a complaint against you? If the answer is yes then don't cave in, contest the complaint on merits. A criminal complaint for defamation and a civil suit for damages can be filed against him.

2. Unless you are a victim of his complaining spree you do not have the locus to initiate any legal action against him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You cannot take any action agaisnt him except to lodge a criminal complaint against him for his illegal extortion with threats posed.

Next time when he approaches you better lodge a complaint against him.

T Kalaiselvan
Advocate, Vellore
84882 Answers
2189 Consultations

5.0 on 5.0

He does complain a lot on behalf of others(Many Persons) almost everyday, some genuine and some false.

He then charges them a fee for that. He is always at the BMC office Eward Byculla Mumbai.Can I sue him for that.

How are you affected by his actualities?

Has he tortured you or even targeted you so far?

Are you a victim of his fraudulent or false cases against you?

If you are not affected then no case filed by you shall be maintainable

T Kalaiselvan
Advocate, Vellore
84882 Answers
2189 Consultations

5.0 on 5.0

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