• Extortion by police officer

One of the senior police officer is extorting me for money given by his Freind to my client for which both have agreed the terms & have signed the MOU , my client is already paying 3% intrest on the amount for last 18 to 20 months , it’s stated by officers friend who gave money to my client that this money belongs to police officer himself . Now due to lock down my client is unable to pay but have arrangements to pay after lockdown gets over ... Officer is very powerful & well connected thus he is harassing me ... what I shall do in such situation?
Asked 5 years ago in Criminal Law
Religion: Hindu

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24 Answers

Wait for the lockdown to open and then file a complaint against his friend before the magistrate. In case there is a problem file a writ petition in the high court.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Sir in case the police officer is intimidating or threatening you then in that case you may give complaint to senior police officers and ministry of home, state. If on your complaint no action is take file a private complaint with the magistrate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are not liable to pay any money 

 

money was given by friend to your client 

 

let your client file complaint against police officer with police commissioner 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No police can threat a person unless and until FIR is registered. 

Even after registration of FIR the police can only investigate and extort money. 

So you can lodge online complaint with higher officials of police about this extortion. 

Since you are in no way into the picture of this monetary transaction the police can no way approach you whether FIR is registered or not. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

See you kay approach the Home department of the state and file complaint before state home minister as police is under same department.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Querist

Are you the Guarantor for this transaction? if not, no need to worry, immediately file a complaint against him before the Human Rights Commission and also file a complaint against him before the Commissioner of Police and Copy of Chief Minister and Home Minister of the State.

 

after your complaint, if he or any other police officials taken any false action against you then these complaints can be used as a shield.

 

you may also file a complaint case against him before the Criminal Court under section 190/200 of Criminal Procedure Code-1973 after lockdown.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear Sir/Madam, 

You are suggested to approach ministry of home and chief secretary of state and make suitable complaint against the police officer and his friend for money lending and creating undue pressure. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. If you have arrangements of payment then why waiting for the lockdown to over,

2. Make payment and relax,

3. If you want to take legal action, immediately lodge a formal complaint against him and send the copy to the higher police officers in addition to the concerned home minister and chief minister

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

He can't legally pressurise you for the same. If he is doing the same illegally you can file a complaint or also go to twitter against him

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

It is his money. That is why he  is interested. You have to go to a court. Engage a lawyer for this purpose. He will file an application before a magistrate.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You can prefer to file complaint against the Officer & other related persons, to the Police Vigilance dept., and the Anti Corruption Bureau, by providing all available evidences of any type that you might have.

2. Do not bother about the high status of the officer. The bigger they are  .... the harder they fall. He is only playing with your fear.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

No case of cheating made out. And without lending license, no one can charge interest on borrowing. Complain to media and commissioner.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- The legal functions of the police are to deal with the detection and investigation of crime, arrest of offenders, collection of evidence etc. 

- In order to keep a check and to curtail the severe problem of police violence or abuse, the Supreme Court of India instructed the government at state and district level to set up Independent Police Complaints Authority.

Further, the police cannot threaten family members or friends of an individual who is a suspect in a crime.

- Hence, the acts of threatening you in the garb of extortion is against the norms and ethical code of criminal provision. You should lodge your complaint against that police official before the higher official of police department

- You should also lodge your complaint before the National Human Rights Commission (NHRC) and State Commissions for prevention of violations of human rights.

- Lodge your complaint after narrating all the details of threatening online , and keep a copy with you. 

- Further,amount taken by your client , you are not accountable to pay as per law. 

- Further , without lodging an FIR , the police official has no power to arrest & detained you, and further the police is not a recovery agent to recover the amount from anyone , except Court . 

- If, you are frightened , then move an application with the help of any lawyer for anticipatory bail , even during the period of lockdown , as there is duty magistrates /session judges for hearing urgent matters. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

report this incident on the handle of Mumbai police on twitter

they are very responsive on twitter

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. State Government would have established an institution called Police Complaints Authority to take care of receiving complaints against the Police personnel of the State.

2. Complain against that particular Police Officer who is harassing you to the Police Complaints Authority for taking legal action.

3. You can also file a private complaint in the jurisdictional court, if you don't get positive response from the Police Complaints Authority. 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

1. How are you even liable for the acts of your client?

2. If money has been taken by your client then liability falls on him and him alone.

3. Send a representation immediately to higher police officials and then file for anticipatory bail as soon as FIR gets filed.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hi

You can file a Complaint to the CM Office directly by post or email against that officer.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Respected sir ...

As we all know that in our constitution have provide right of equality before law to each and every person weather the person is senior police official or he is is a common man so sir there are several options available for us where we can complaint against him first of all you must have to complain regarding such kind of extortion to his senior officials if they do not take action then you must have to approach your cm and if if no action will be initiated then you can make a complaint to pm office apart from this there are anti corruption bureau unit where you can file complaint against him they will definitely take action against him there are provisions in law but first you have to complaint against him only legal action can be initiated after that ...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

It is better that your client pay the amount demanded by the police officer because you cannot trust the police.

They may turn against you anytime.

Your client can make a request to the police officer to bear with him till the lock down is lifted, if he is not listening, then he may arrange to pay the same somehow, because taking any action against the concerned police may be very easy now, whereas at a later stage your client may be subjected to various tortures and harassment due to this.

So better think it over properly and take a wise decision.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The police will ultimately help police only hence you may better take a proper decision to return his money at the earliest possible.

Now since he has given a time till 20th April, you may inform him to collect the same from your home since you cannot come outside home due to lock down.

For a compliant against police, you may have to give it to the concerned police station only.

Do you think you will get any justice by lodging a complaint against the police?

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. You should take this act to media or ask your friend to approach that police officer directly and take time that he will pay the money as soon as lockdown is lifted. 

2. You can approach Vigilance department that police officials is harassing you for money and asking for bribe and asking you to pay money on 20th of April or he will lodge false cases against you. 

3. Record his calls and give copy to vigilance department during investigation but not now. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

File written complaint against police officer with commissioner of police 

 

you should record his threats . It would help you in making out a case against officer 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been harassed by the high rank police officials and you can’t even approach the police or to the magistrate also as this will take time and you may have to approach the police station for receiving of your complaint before coming to the magistrate.
  2. I would like to apprise you that in this situation you should be ready with the Writ petition of Mandamus before the Hon’ble High Court seeking direction for Commissioner of Police to look into the matter and protection for you also.
  3. This is the best way and also just before a day of filing the writ petition, mail a complaint to the commissioner of police about the same incident via mail and Male that complaint as part of the writ petition.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

The money paid is to your client under proper MOU, as such, you are not liable.

Let your client file complaint against the said Officer who is threatening.

Next time, if any one comes / threatens, record the same and file complaint to the concerned police station marking copies to DCP / SP / CP and also Home Minister by enclosing the details available with you.

You are not liable for cheating.

As threatened, due to present prevailing situation, no complaint muchless, private complaints pertaining to cheating etc., will be entertained.  However, be careful, to record / take photos of any untoward hpappens.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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