Rhea's Transfer Petition Infructuous As Investigation Transferred To CBI: Sushant Singh Rajput's Father Tells SC

By - LIVELAW NEWS NETWORK
Update: 2020-08-08 07:13 GMT
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Late actor Sushant Singh Rajput's father has filed his reply inSupreme Court raising objections to the petition filed by actress Rhea Chakraborty, seeking transfer of the FIR registered against her in Patna, to Mumbai.

Rajput's father, Mr. KK Singh, has claimed that the Transfer Petition has become infructuous as investigation in the matter stands entrusted to the CBI.

"The Petitioner through her social media platform had requested the Union Home Minister for a CBI inquiry and now since the Respondent No.1 has entrusted the aforesaid FIR to the CBI and Union of India has accepted the said request of the Respondent No.1, the Petitioner should not have any grievance in this regard," his counter affidavit states.

Rhea had approached the Top Court last month, seeking transfer of the FIR from Patna to Mumbai and stay on the investigation by the Bihar police on the allegations of Rajput's father that she abetted suicide of his actor son.

Mr. Singh, through Advocate Nitin Saluja, has averred that the Transfer Petition is not maintainable at all since,

"It is a well-settled proposition of law that the transfer of a petition could only be at post cognizance stage, that is when the matter is before a criminal Court and not at the stage of investigation i.e. when the matter is being investigated by the Police officers."

He has further contended that part of a cause of action occurred in Patna and thus the Patna Police is competent to look into the matter in terms of Section 178 (Place of inquiry or trial) of CrPC.

Mr. Singh has also criticized the Mumbai Police for scuttling the probe and not showing any "urgency" in finding the culprit(s) responsible for his son's death.

"The Inquest proceeding under S. 174 CrPC refers to term such as 'immediately' and 'forthwith', which reflect the nature of urgency expressed by the legislature in preparing an inquest report by the police officer," he submitted while alleging the Mumbai Police conducted an "eye-wash" in the name of the enquiry.

For instance, he submitted,

  • The Petitioner, with whom Rajput had a live-in relationship, was examined four days after his death;
  • From 14.06.2020 to till date, though allegedly the Police has examined many witnesses but no FIR has been registered.

Mr. Singh has therefore contended— firstly that investigation in the FIR has already been transferred to the CBI and thus the present prayer now stands infructuous; and secondly, the Transfer Petition is not maintainable since there is no case pending which could be transferred under S. 406 CrPC.

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