REGD. POST/ELECTRONIC MODE LEGAL NOTICE

affidavit. Xxx already had Rs.100/- stamp paper for writing affidavit. I was forced to write down otherwise xxx stated that he would keep me confined in the flat and would not let me go and would severely get me beaten. It was under such threat and pressure and the fear that they would not spare me that I wrote down in Hindi. I am reproducing below what I was made to write whatever I can recollect. The same reads as under :

“I, Xxx son of xx
R/o xx . I am taking an amount of Rs. 2.5 Lac from Xxx S/o Shri…………. R/o………………. Patna and Rs. 2.5 Lac from xx S/o Shri……………..R/o …………xxx amount of Rs. 5 Lacsfor my business upon the instance of xx . The amount will be returned within the period of six months otherwise they may take the legal action against me.

Sd/- (xx)

1.         xx also got made two photocopies of my Aadhar card and got my signature on the said photocopies of the Aadhar Card.
   

2.        While forcing me to write and sign on the aforesaid affidavit, Xxx asked me the telephone no. of my near and dear ones and noted down the phone nos. existing in the mobile itself of my two brothers and my mother and father. Xx  started calling on the said nos. from his mobile no. xxx to my mother on her mobile no xx and told her that I was in his custody and demanded that she should issue the cheques of Rs. 3.5 Lacs and told her that due to her son loss has been caused to him for which her son is responsible to return that amount and for that he was sending a person to her home to collect the two cheques of Rs. 1.75 lacs each. Upon this my mother under fear requested him to release her son as she was not aware of anything and requested that he allows her son to talk to her but xx declined to do so. Number of calls were made by Xxx to my mother. Incidentally my brother xxxx  was also with my mother and Xxx repeated the same demand from him and informed him that he has confined his brother. The copy of the call records is annexed herewith. Xx  also threatened xx  and told him that in case he wanted release of his brother, he should immediately make arrangement to transfer money of Rs. 3.5 Lacs in account no. of one xxx . My brother showed his inability to arrange much amount immediately. My brother said that he could only arrange Rs.30,000/- out of which he would arrange only Rs. 20000/- right at that time. Xxx pressurized my brother to immediately deposit whatever amount he could deposit otherwise his brother would be physically tortured to any extent. Under their such immense pressure my brother agreed to deposit an amount of Rs.20,000/-in any account on their instructions. Then they sent an account no. xxx A/c No. xxxx of xx  ,xx , IFSC No. xx on WhatsApp no. xx of my brother from mobile no. xxx  and they made the enormous pressure through the mobile phone on my mother as well as messages sent on WhatsApp of my brother. The copy of the exchanged messages enclosed here with the present complaint that shows the amount of pressure created by the said culprits. Somehow, my brother made arrangement and got transfer of Rs.20,000/- made in the account of xxx  through the ICICI bank account of xx , Advocate who is the friend of my younger brother. From there they brought me back to the same flat and kept me in confinement throughout the night and had locked the flat so that I could not move out of it.
   

3.         Next day morning on 20.11.2017 at about 12.50 P.M my brother called Xxx and requested him to release me as he did whatever he could on his asking. Upon this  
   

Xxx again started demanding further amount of Rs.10,000/- and only after receiving the said amount he would release my brother. They immensely pressurized my younger brother to deposit the said amount and my brother further deposited Rs.10,000/- in the same account of
xxxxxxx on the instruction of Xxx from the account of xxx , Advocate. The details of the whatsapp messages and audio recordings exchanged are enclosed with the present complaint that show Xxx during conversation clearly stating that he would only release me from his custody after receiving the said amount.

1.        My brother repeatedly requested Xxx that since he had already removed cash from his pocket, he should arrange his railway ticket so that my brother could safely reach Delhi. Inspite of promising to leave him at the railway station by next available train after getting a railway ticket to him, he did not do so. My brother went on pleading with him to put him on evening or even in night train, he did not do so. It seems that he did not want to take any risk of myself getting down from the train and making complaint against him. In the night again he created pressure that he would leave me when my family members would send the air ticket and on this my brother got arranged/booked an air ticket from Xxx to Delhi of xxx  airlines dated 21.11.2017 which departs at 11:00 AM.
   

2.         Xxx returned my mobile phone and aadhar card but didn’t return my watch and the cash amount of  
   

Rs. 4000/- which was taken by him from my purse.

1.        In the morning of 21.11.2017 at about 8:00 AM he sent me with Xxxto drop me at Xxx Airport and after dropping me Xxxsent a message to my younger brother that his brother has entered in the airport and left for Delhi. At around 1:15 PM I reached at Delhi Airport.
   

2.        I request you that all the call records of the telephone received by my mother and my brother will be submitted later as after returning from Xxx I was under the enormous shock and fear and was not in position to describe the incident whatever happened with me.
   

3.       It is submitted that on 20.11.2017 Xxxcalled on my mother’s mobile around 25-30 times and 10-12 times on my brother’s mobile (No. 9818687290). After reaching Delhi I started to collect all call details from my brother and mother.
   

4.         It may be mentioned that Xxx had been playing fraud in conspiracy with other persons namely Mr.Xxx and Mr.Xxx to extort money. It was Xxx who had been sending message for and on behalf of Xxx and it is Xxx in whose account the money had got transferred at the instance of Xxx. Moreover, the affidavit mentioned in para no. 12 above is also got made from me in favour of Mr. Xxx and Xxx.
   

5.       It is clear from the above said conduct that Xxx with the help of his associates and goons committed various criminal offences against me.
   

6.       It may also be stated that Xxxhad posed himself working as ADM in DC office at xxxx, Xxx and it seems that it was their modus operandi to do the organized loot from the innocent person like me.
   

7.       The undersigned has already filed a police complaint to the SHO, police station xxx on 27/11/2017 vide DD.No.52 B for registration of FIR against the said accused persons.
   

8.        As would be clear from the contents of the complaint. The cognizable offences under section 364A/365/385/468/506 read with Sections 120-B/34 of IPC are made out. The SHO of P.S.Xxx should have registered the FIR but for unknown reasons the SHO has not registered the FIR till date.
   

You are requested to kindly register or direct the concerned police station to register the FIR against the aforesaid accused persons for committed the offences of offences of abduction for ransom, extortion by putting fear of grievous hurt, forgery, criminal conspiracy, criminal intimidation and other offences that may be revealed during investigation under Sections 364A/365/385/ 468/506 read with Sections 120-B/34 of IPC investigate the deep rooted criminal conspiracy and fraud and prosecute the culprits and get them punished as per law.

Thanking you,

Yours faithfully”

(xxxx)

xxx

xxx,

xxxx

Mobile: xxx (xxx)

CC to:-

1.  xxx,
   

xxx

xx.

1. xx
   

xx,

xxxxxxxx,

xxxxxxxxxx.

Encls.:-

1. Copy of the typed call records from No. xxx (Xxx) to No. xxx (Mother).

1.  Copy of the typed call records from No. xxx (Xxx) to No. xx (xx)
   

2.  Copy of the call records of one of the accused Xxx Mobile No. xxx to No. xxx (Mother).
   

3.  Copy of the call records of one of the accused Xxx Mobile No. xxx to No.xxx (xxx)
   

4.   Copy of the whatsapp messages from Xxx to my xxx.
   

5.  Copy of the whatsapp messages from Xxxto my brother xxxx.
   

6.   Copy of the bank transactions of Rs. 20,000/- transferred from the account of xx  to the account of  
   

Mr. Xxx on xx

1.  Copy of the bank transactions of Rs. 10,000/- transferred from the account of Mr. xx  to the account of  
   

Mr. Xxx on xx

1.  Copy of the audio CD pertains the audio record between  
   

Mr. Xxx, Xxx and xxx.