The Central Bureau of Investigation (CBI) has filed written submissions before Top Court in Rhea Chakraborty's plea seeking transfer of FIR registered against her by Sushant Singh Rajput's father from Patna to Mumbai.
The CBI states:
"The Maharashtra Police in its Affidavit has said that it has collected statements of 56 persons. In view of the admitted position that there is no FIR registered and the police officer is merely discharging functions under section 174, such statements have no validity or legal sanctity and are non-est" - CBI
Delving into procedural laws, the CBI states that while exercising Section 174 (Police to enquire and report on suicide etc.), the Code does not allow the investigating officer to do anything beyond what is contemplated in the section. Further to this, while exercising powers under sections 173/175 of the CrPC, no police officer can do anything beyond what is stipulated in the Code, without registering an FIR.
"In the instant case, there is nothing on record to suggest that either any reference is made by the Maharashtra Police to the Executive Magistrate as mandated under Section 174(1) or there being any inquest as mandated." - CBI To SC
Stating that an investigation was never initiated by the Maharashtra Police, the CBI contends that in terms of the Criminal Procedure Code, Police did not start an "investigation" as stipulated under Chapter XII of the Code (which can only begin after registration of FIR). After this, police officer is mandated to intimate Magistrate. None of these steps are admittedly taken by Maharashtra Police and, therefore, there is no "case pending" in the State of Maharashtra which can be subjected to section 406 of the Code.
Highlighting that the CBI has already registered an FIR while acceding to the request made by the State of Bihar and Enforcement Directorate, a central agency is also acting under Prevention of Money Laundering Act, 2002.
"In conclusion, it is therefore prayed that -
The Supreme Court on Tuesday reserved its orders in the plea filed by Bollywood actress Rhea Chakraborty after hearing all parties. Solicitor General Tushar Mehta had argued that whatever was done by Mumbai Police was bad in law.
He had also stated that both Bihar & Maharashtra Governments had made a perfect case of transfer of the Later Actor's death to the CBI.
The Court had also asked all parties to submit a written note by Thursday, August 13.
A Single Judge Bench of Justice Hrishikesh Roy has reserved orders.
The State of Maharashtra had also filed its report regarding the status of the investigation in a sealed cover.
[Sushant Singh Rajput Death] Illegal Proceedings Of Bihar Police Cannot Be Transferred to CBI By Way of Illegal Executive Orders: Rhea Chakraborty To SC [Read Written Submissions]
[Sushant Singh Rajput Case] No Embargo On Bihar Police To Investigate, Inaction By Mumbai Police To Register FIR Contrary To Law: Bihar Govt. To SC