Today We are going to Understand Sushant Singh Rajput Case at a Glance. Whether Bihar Police Can investigate in Mumbai or not.
After Reading full percept you will be able to clarify all the Questions given here.
Under CrPC rules, Mumbai police have sole jurisdiction over the case. The Maharashtra government will back a single investigation into the Sushant Singh Rajput case, conducted by the Mumbai police, after seeking the opinion of its law department.
Currently , No FIR is filed by Mumbai Police. Mumbai Police is Investigating under Inquest (CrPC 174 ) Defined as
Section 174 in The Code Of Criminal Procedure, 1973
"174. Police to enquire and report on suicide, etc.
When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub- divisional Magistrate, shall proceed to the place where the body."
There have been two investigations into the actor’s death since July 25, when the Bihar police registered an FIR in Patna on a complaint by Rajput’s father K K Singh, accusing actress Rhea Chakraborty and five others of abetting his son’s suicide. The Bihar police began its probe without informing the Mumbai police and last week sent a team to the city for the investigation, sparking a controversy between the two states.
The investigation war between the Mumbai and the Bihar police in late actor Sushant Singh Rajput’s death case is being played out before the media and social media. Following this, the Maharashtra government sought the opinion of its law and judiciary department, which said in a note to the home department that under the Criminal Procedure Code (CrPC) rules, an offence must be investigated by the police in whose jurisdiction it was committed.
"As per the provisions of chapter XII of Criminal Procedure Code as well as the provisions of chapter XIII of the Criminal Procedure code, an offence is supposed to be investigated, inquired and tried by the police and the court within whose local jurisdiction the offence is committed. So, if a complaint is received by the Patna police about an offence committed in Mumbai, then Patna police could register an offense by zero number and send it to the appropriate police station (in the present case Mumbai Police) for investigation.” In the Bihar police’s FIR, filed at Rajiv Nagar Police Station in Patna, Chakraborty, three of her family members and two others have been booked under sections 306 (abetting suicide), 341 (wrongful restraint), 342 (wrongful confinement), 380 (theft in dwelling house), 406 (criminal breach of trust), and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal."
Bihar police argument on given probe:
The Bihar counsel has claimed that there was political pressure on Mumbai Police to cover-up the probe in connection with the case. They even allege that Maharashtra police did not cooperate with the Mumbai Police and IPS officer was ‘forcefully quarantined’ even after the order was passed. Bihar counsel has even question that how Mumbai Police interrogated 53 people in connection with the case but did not file even a single FIR.
Apart from this, CBI filed his argument in apex court ,CBI Strongly Opposed the petition filed by Bihar seeking the direction of the apex court to investigate in SSR death case , The central agency also requested The Supreme Court to allow Enforcement Directorate (ED) to continue their investigation into the financial angle in the case.
The decision to hand over the Sushant Case to The CBI has been taken on the recommendation of Bihar Police and it has been done without the state's jurisdiction in the case, Chakraborty's lawyer told The Supreme Court.
Now, The apex court reserved the order and had asked the concerned parties to file their Submissions.
Supreme Court Decision on SSR Case: August19,2020
- SC orders CBI probe into the death of actor Sushant Singh Rajput
- SC asks Mumbai Police to hand over all evidence collected so far in the case to CBI.
- Bihar government had the right to refer the Patna FIR lodged by Rajput's father to CBI.
- CBI will be competent to probe not only Patna FIR but any other FIR related to Rajput's death case.
The Supreme Court also said that FIR filed in Patna is correct and the state of Maharashtra also refused to challenge the order by the Supreme Court. The top court's orders came on the plea of Sushant Singh Rajput’s girlfriend and actress Rhea Chakraborty to transfer the FIR, which was filed by the late actor’s father KK Singh, from Patna to Mumbai.
Full Case Decision Summary, Main Highlights and Judgement Copy : Click Here
I hope , It Will Clarify all your Doubts Regarding Case.
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RIP SSR
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