Why Supreme Court didn’t approve transfer of investigation from Patna to Mumbai in Rhea Chakravorty Case? Amaresh Patel Supreme Court Mon, Nov 30, 2020, at ,10:34 AM Case: Rhea Chakraborty vs. State of Bihar & ors., T.P. (Crl.) No. 225 of 2020 Date: August 19, 2020 Court: Supreme Court of India Judge: Justice Hrishekesh Roy Issue: Whether the Supreme Court has power to transfer investigation (not case or appeal) under Section 406 of the CrPC? Fact of the Case: The transfer petition has been filed under Section 406 CrPC, 1973 r/w Order XXXIX of the Supreme Court Rules, 2013 with prayer for transfer of the FIR u/s 341, 342, 380, 406, 420, 306, 506 and 120B of the Indian Penal Code from registered police station Rajeev Nagar Police Station, Patna to Additional Chief Metropolitan Magistrate, Bandra, Mumbai. The matter relates to the unnatural death of the actor Sushant Singh Rajpur on June 14, 2020 at his Bandra residence at Mumbai. The deceased resided within Bandra Police Station jurisdiction and there itself, the unnatural death under Section 174 of CrPC was reported. The petitioner, Rhea Chakraborty, was a friend of 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, filed by Krishan Kishor Singh, father of the deceased actor. The petitioner and the deceased were in a live-in-relationship but on June 8, 2020, a few days prior to the death of the actor, she had shifted to her own residence at Mumbai. According to the petitioner, the Mumbai Police is competent to undertake the investigation, even for the FIR lodged at Patna. The petitioner also contends that the courts in Bihar do not exercises lawful jurisdiction in the subject matter of the Complaint and since the acts alleged in the complaint are relatable to Mumbai jurisdiction, the mere factum of the complainant being residence of Patna, does not confer the jurisdiction on the Bihar Police to conduct the investigation. Ratio: The Code of Criminal Procedure clothes Supreme Court with power under Section 406 to transfer a case or appeal from one High Court or a Court of subordinate to one High Court to another High Court or to a Court subordinate thereto. But, it does not clothe this court (Supreme Court) with the power to transfer investigation from one police station to another in the country simply because the first information or a remand report is for warded to a Court. Judgment: The Supreme Court while dismissing the appeal of petitioner (Rhea Chakraborty) for transfer of investigation from Patna to Mumbai observed that Bihar police had jurisdiction to register FIR with respect to the death of Sushant Singh Rajpur at the complaint of the actor’s father and held the transfer to CBI. It was held that the contrary references cited by the Petitioner where transfer of investigation was allowed, do not in any manner, refer to a determination on the question of competence to transfer investigation under Section 406. The court referred to the judgment in Ram Chander Singh Sagar vs. State of Tamil Nadu, (1978) 2 SCC 35, wherein it was held that the power under Section 406 CrPC does not clothe the Supreme Court with the power to transfer investigation from one police station to another in the country simply because the First Information Report was lodged or a remand report is for warded to a Court. The court further observed to ensure public confidence in the investigation and to do complete justice in the matter, it considers to invoke the power conferred by Article 142 of the Constitution. As a court exercising lawful jurisdiction for the assigned roster, no impediment is seen for exercise of plenary power in the present matter. Therefore, while according approval for the ongoing CBI investigation, if any other case is registered on the death of the actor Sushant Singh Rajput and the surrounding circumstances of his unnatural death, the CBI is directed to investigate the new case as well. Join Our WhatsApp Group for Free Updates and Sample Papers: