LUVLEENA Vs. STATE

JUDGEMENT

(1.) By way of filing this instant petition under Article 226 of the Constitution of India, the petitioner, a permanent resident of Udaipur, seeks redress from this Court for the unlawful and arbitrary acts committed by the accused, including the extortion of a sum of Rs.1.83 crores by Dy. S.P. Jitendra Achaliya and his associates. The petitioner contends that the actions of the accused have violated several fundamental rights guaranteed under Articles 14, 19, 21, and 300A of the Constitution of India. Furthermore, the petitioner seeks appropriate directions for the investigation and transfer of the same to an impartial agency, such as the Central Bureau of Investigation (CBI), contending that the state police and other authorities have failed to ensure a fair and unbiased investigation, thereby shielding the accused from accountability.

(2.) The petitioner, a computer software developer, has been residing in Kuwait since 1993, where he has established a successful business, Pegasus Turn Solution Pvt Ltd, which operates in Kuwait, Dubai, and India. The petitioner has been sending money for his family's livelihood in India since then. In 2007, the petitioner transferred funds to his brother, Neelesh Purbia, for the purchase of property in India, but his brother fraudulently inserted his name also in the purchase deed without contributing financially. Following the untimely death of his brother on 6/11/2019, the petitioner, on 13/2/2022, was approached by his sister-in-law, Loveleena, to sell the property at a price of five crores and to procure new property for him. However, Loveleena, in collusion with the police, staged a scenario that led to the petitioner's arrest under fabricated charges on 17/2/2022. A subsequent FIR was lodged against him under Sec. 457, 380, and 120B of the IPC, which the petitioner vehemently disputes.

(3.) On 18/2/2022, police personnel led by SI Roshanlal and others visited the petitioner's office and arrested an accountant and a security guard, further implicating the petitioner in the case. The petitioner approached the office of the Additional SP, Udaipur, where he was informed that the police had no right to intervene in a property dispute and that only proceedings under Sec. 145 of the CrPC would apply. However, the petitioner was subsequently coerced by Dy. S.P. Jitendra Achaliya and his associates into signing an agreement under duress, threatening him with imprisonment and the confiscation of his passport if he refused to comply. The petitioner, fearing wrongful detention, was compelled to pay a sum of Rs.1.83 crores over a period of time to secure the withdrawal of the fabricated FIRs and regain control of his property. The entire sequence of events was documented through handwritten agreements, video footage, and remittance receipts. However, the situation worsened as the petitioner was continuously threatened and harassed by the accused, including demands for additional sums to resolve the matter.