Judgement of the Day.-Rhea Chakraborty v. State of Bihar & Ors

Rhea Chakraborty v. State of Bihar & Ors.

Transfer Petition (Crl.) No.225 of 2020

Facts

A Transfer Petition is filed under section 406 of the Code of Criminal Procedure, 1973 under Sections 341, 342, 380, 406, 420, 306, 506 and 120B of the Indian Penal Code, 1860 registered at the Rajeev Nagar Police Station, Patna. The matter relates to the unnatural death of the actor Sushant Singh Rajput on 14.6.2020, at his Bandra residence at Mumbai. The petitioner is a friend of the deceased, and she too is in the acting field since last many years. As regards the allegations against the petitioner in the FIR, the petitioner claims that she has been falsely implicated in the Patna FIR. According to the petitioner, the Mumbai Police is competent to undertake the investigation, even for the FIR lodged at Patna.

Judgment

The Supreme Court has observed that investigations cannot be transferred by invoking powers under Section 406 of the Code of Criminal Procedure, 1973. The court held that Bihar police had jurisdiction to register FIR with respect to the death of Sushant Singh Rajput at the complaint of the actor's father, and held the transfer to CBI valid. The judge referred to the decision in Ram Chander Singh Sagar vs. State of Tamil Nadu (1978) 2 SCC 35 in which it was held that the power under Section 406 CrPC does not clothe the Court with the power to transfer investigations from one police station to another in the country simply because the first information or a remand report is for warded to a Court. The court noted that the Code of Criminal Procedure clothes the Court with power under Section 406 to transfer a case or appeal from one High Court or a Court subordinate to one High Court to another High Court or to a Court subordinate thereto. But, it does not clothe this Court with the power to transfer investigations from one police station to another in the country simply because the first information or a remand report is for warded to a Court.

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