SC closes all options for Mumbai Police to probe SSR death case



SC closes all choices for Mumbai Police to probe SSR loss of life case

In a snub to the Mumbai Police, the Supreme Courtroom on Wednesday closed all choices for them to proceed the probe or register a legal case in future in reference to the unnatural loss of life of Bollywood actor Sushant Singh Rajput.

Ordering a CBI probe into the matter, Justice Hrishikesh Roy mentioned, “Whereas in accordance approval for the continuing CBI investigation, if another case is registered on the loss of life of actor Sushant Singh Rajput and the encompassing circumstances of his unnatural loss of life, the CBI is directed to analyze the brand new case as effectively.”

The highest court docket famous that within the current case, the Mumbai Police has tried to stretch the purview of Part 174 with out drawing up any FIR and due to this fact, because it seems, no investigation pursuant to fee of a cognizable offence is being carried out by the Mumbai Police.

“They’re but to register an FIR. Nor they’ve made an appropriate dedication, when it comes to Part 175(2) of the CrPC. Subsequently, it’s pre-emptive and untimely to carry {that a} parallel investigation is being carried out by the Mumbai Police,” noticed Justice Roy.

He added that in case of a future chance of cognizance being taken by two courts in numerous jurisdictions, the problem may very well be resolved beneath Part 186 of CrPC and different relevant legal guidelines.

“No opinion is due to this fact expressed on a future contingency and the problem is left open to be determined, if wanted, in accordance with the regulation,” mentioned Justice Roy.

The highest court docket noticed that the FIR filed in Patna was subsequently transferred to the CBI with the consent of the Bihar authorities in the course of the pendency of Rhea Chakraborty’s switch petition searching for switch of the case from Patna to Mumbai.

Nevertheless, in future, if fee of cognizable offence beneath Part 175(2) of CrPC is set, the potential of parallel investigation by the Mumbai Police can’t be dominated out, the highest court docket famous.

“Part 6 of the DSPE Act, 1946, learn with Part 5 prescribe the requirement of consent from the state authorities, earlier than entrustment of investigation to the CBI. Because the CBI has already registered a case and commenced investigation on the occasion of the Bihar authorities, uncertainty and confusion have to be averted within the occasion of Mumbai Police additionally deciding to concurrently examine the cognizable offence, based mostly on their discovering within the inquiry continuing,” mentioned Justice Roy.

He added that due to this fact, it could be acceptable to determine at this stage itself as to who ought to conduct the investigation on all of the attending circumstances referring to the loss of life of Sushant Singh Rajput.

“This difficulty turns into related provided that one other FIR is registered on the identical difficulty at Mumbai. A choice by this court docket on the purpose would confer legitimacy to the investigationa,” Justice Roy added.

Invoking the powers conferred by Article 142 of the Structure, the highest court docket directed the CBI to analyze the brand new case as effectively.

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