Rajasthan HC Refuses to Quash FIR & Chargesheet Against Udaipur DySP Jitendra Anchaliya in NRI ?1.83 Crore Graft Case.

Udaipur/Jodhpur- In a significant development in the high-profile NRI bribery case involving allegations of extortion and corruption against RPS (DySP) Jitendra Kumar Anchaliya, the Rajasthan High Court, Jodhpur has refused to quash the FIR and chargesheet registered against the accused officer.

Disposing another petition related to the same case, the court also dismissed the NRI petitioner’s plea to transfer the investigation to the Central Bureau of Investigation (CBI), stating that no compelling grounds were found to warrant such a transfer. 

It is noteworthy that the ACB presented two contradictory investigation reports in the case. In the first report, the investigating officer found the accused guilty and recommended their imprisonment, while the supplementary investigation report in 2024 declared Anchaliya and three other accused as innocent.

The case, which has been making headlines since 2022, involves Neeraj Purbia, a Non-Resident Indian (NRI) and computer software developer based in Kuwait, who accused DySP Jitendra Anchaliya and his associates of extorting ?1.83 crore from him in connection with a property dispute. Purbia alleged that the accused, in collusion with his sister-in-law, Lovleena Purbia, fabricated charges against him and coerced him into paying the hefty sum under duress. 

The Anti-Corruption Bureau (ACB) arrested Jitendra Anchaliya, Sub-Inspector Roshanlal, along with Ramesh Rathore and Manoj on February 10, 2023. The allegations state that they intimidated NRI Neeraj Purbia to such an extent that he was forced to repurchase his own land for ?1.83 crore. In this case, when Sub-Inspector Roshanlal demanded ?200,000, Neeraj Purbia approached the ACB headquarters in Jaipur and filed a complaint. Taking swift action on the complaint, the ACB conducted raids at five locations in Udaipur and Rajsamand and arrested all four individuals, including Anchaliya.

The Anti-Corruption Bureau (ACB) arrested Jitendra Anchaliya, Sub-Inspector Roshanlal, along with Ramesh Rathore and Manoj on February 10, 2023.

Neeraj Purbia, who has been residing in Kuwait since 1993, claimed that he had transferred funds to his brother, Neelesh Purbia, in 2007 for the purchase of property in India. However, after his brother’s untimely death in 2019, a dispute arose over the property between Purbia and his sister-in-law, Lovleena. Purbia alleged that Lovleena, in collusion with the police, orchestrated his arrest on fabricated charges in February 2022. 

Purbia further accused DySP Jitendra Anchaliya and his associates of threatening him with imprisonment and confiscation of his passport unless he paid ?1.83 crore. The petitioner claimed that he was forced to sign an agreement under duress and make the payment to secure the withdrawal of the 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.

The petitioner asserted that the acts committed by DySP. Anchaliya and his associates, including threats, extortion, and wrongful confinement, amount to gross violations of the petitioner’s fundamental rights, particularly under Articles 14, 19, and 21 of the Constitution.

The petitioner highlighted that despite the filing of an FIR and subsequent charge sheet by the Anti Corruption Bureau (ACB), the state authorities, including ACB officials and the Department of Personnel (DOP), have failed to take appropriate action against the accused, allowing them to operate with impunity.

The petitioner further pointed out that the suspension of Jitendra Achaliya was unlawfully stayed, and the accused has been reinstated despite his involvement in serious criminal activities. The petitioner contended that this constitutes an attempt by the state machinery to shield the accused from the consequences of his actions, thereby obstructing justice.

Moreover, the petitioner asserted that the investigation into the extortion and corruption case has been tainted by the involvement of biased authorities. Despite the clear evidence of the accused’s involvement in multiple cases of extortion and corruption, the investigation has been transferred to officials with known connections to the accused, including DySP Kailash Singh Sandoo, who previously granted a clean chit to Anchaliya in 2016.

The petitioner held that the reinvestigation was nothing more than an attempt to subvert the ongoing proceedings and protect the accused from legal repercussions. Given the gravity of the situation, the petitioner requested the Court to take cognizance of the systemic corruption within the state machinery and transfer the case to the Central Bureau of Investigation (CBI) or any other independent agency to ensure a fair and impartial investigation.

The Anti-Corruption Bureau (ACB) arrested Jitendra Anchaliya, Sub-Inspector Roshanlal, along with Ramesh Rathore and Manoj on February 10, 2023.

Accused Officer’s petition to Quash FIR rejected

In a related development, the court also disposed of a petition filed by DySP Jitendra Anchaliya seeking the quashing of FIR No. 507/2022, registered under the Prevention of Corruption Act and Sections 384 and 120B of the Indian Penal Code (IPC).

The court directed the trial court to assess the entirety of the investigative material, including both the initial charge sheet and the supplementary report, before deciding on the framing of charges or discharge of the accused.

However, the court observed that the allegations against Anchaliya lacked corroborative evidence, and the complainant’s statements were inconsistent. It noted that the property dispute had been settled amicably, and no official work related to the complainant was pending before Anchaliya at the relevant time.

The court declined to quash the FIR against the RPS officer, leaving it to the trial court to decide on the merits of the case.  The trial court was directed to scrutinize the entire investigative material, including supplementary reports, before framing charges or discharging the accused. The petitioners were granted liberty to raise all permissible legal and factual contentions before the trial court. 

ACB-DG Meharda’s Viral Audio not taken on record, will challenge HC order: Purbia

Speaking with The Mooknayak , Neeraj Purbia expressed his dissatisfaction with the investigation process, stating that both reports were conducted by the Anti-Corruption Bureau (ACB). He highlighted that while the first investigation found all the accused guilty, the second investigation was allegedly carried out under political pressure. 

Purbia revealed, “I have produced my conversation with Dr. Ravi Prakash Meharda, where the officer explicitly stated that he was under immense pressure and that the instructions for reinvestigation came from the top, indicating the involvement of the Chief Minister in the case. The DGP clearly told me that no bureaucratic officer could help, and I would have to approach the CM directly to resolve the matter. I presented this as evidence, but it was neither heard nor taken on record.” 

He further added, “There is no provision for reinvestigation by the police without the court’s direction, and this action is beyond jurisdiction. I will challenge this in the Supreme Court.”

Purbia emphasized that the accused DySP, being a RPS officer, has the capability to influence the state police. He alleged that the second investigation was clearly aimed at letting the accused go scot-free, despite the presence of substantial documentary evidence that initially indicated his guilt. 

Courtesy : The Wire

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