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Nitesh Goyal   18 June 2023

Blackmailing, defamation and extortion by land mafias

Some infamous local land grabbers are sending us whatsapp messages and calls and are threatning to defame us by making Posters with our pictures and defaming slogans and taking out possessions and also circulate such posters in social media and make false stories and use some local media houses owned by them to further promote these things in city. They want us to sell our land against an agreement which they have not even paid for (rear brief histrory below). They have done similar defamation activities with other people in city earlier to pressurize them to do things they want.

Can we file a blackmail/extortion/ defamation case. As proof we have received whatsapp messages from the main culprit showing sample of posters and voice note threatening and abusing us. How can we prevent such defamation activities.

 

 

Brief History: In 1996 we purchased some Land (from 3 sellers under 4 deeds) under our company name. For 13 years period 1996 to 2008, we peacefully conducted agriculture and farming activities. Due to business related issues the agricultural activities were stopped for sometime. In 2011 some local land Mafia manipulated one of original land sellers and forcefully tried to capture land with false documents. In 2019 Land Mafia forcefully and under pressure also made us sign an agreement to sell the land for 1/10 the market value. As per agreement the value to be paid was 148L but they paid only 15L till today. In 2021 we won the civil suit after 10 year long legal battle and Hon'ble court passed the decree in our favour. 

Land Mafia Nexus threatened us with defamation through false cases and various other means.



Learning

 5 Replies

Dr. J C Vashista (Advocate )     18 June 2023

Of course you can avail legal remedy against blackmail, threats, defamation, extortion etc.  which you have already stated to have availed in the suit.

It is better to seek opinion and advise of your lawyer who is well aware about facts and circumstances of the case(s) besides the fact that s/he is an intelligent, competent and able lawyer to sail you through.

Nitesh Goyal   18 June 2023

Thank You Dr  J C Vashista Sir. Can you please advise 

 

1. What actions can we take against call and whatsapp msgs sent to us from their personal number threatening us to defame us through various mediums under false allegations. (Mental harassment, blackmailing, threat)

2. If they perform these activities,  then what further actions can we take (defamation)

P. Venu (Advocate)     18 June 2023

As already suggested, you may take the legal assistance from a competent legal professional.

T. Kalaiselvan, Advocate (Advocate)     19 June 2023

You may approach police with a criminal complaint against the anti social or rowdy elements for all the illegal activities they are reported to have indulged against you.

If the loal police is not taking up the complaint due to their influence, you may approach the top police official of the city with a similar complaint seeking its direction to the local police for a remedial action.

If that step also results into a futile effort, then you can approach judicial magistrate court with a petition under seciton 156(3) cr.p.c. seeking direction to the concerned police to initiate legal action on your omplaint as per law.

Besides you can issue a legal notie communicating the decision to cancel the unregistered sale agreement and also issue a newspaper publicatiuon as a public notice about cancellation of the said sale agreement.

 

Dr. J C Vashista (Advocate )     19 June 2023

Actions can be take against call and whatsapp msgs sent from personal number threatening us to defame through various mediums under false allegations. (Mental harassment, blackmailing, threat) is to reported to local police with soft and hard copy of such messages. However, if local police is not initiating any action report to area senior police officers followed by complaint before area Magistrate

If they perform these activities,  then  you can file a civil case for compensation against such defamatory action besides criminal complaint for defamation before area Magistrate.

However, it would be better and appropriate to seek / avail professional services of a local prudent lawyer.for proper advise and necessary proceeding.


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