Supreme Court closes all options for Mumbai Police to probe Sushant Singh Rajput death case – Times of India

0

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

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

The highest courtroom 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 acceptable willpower, by way of Part 175(2) of the CrPC. Due to this fact, 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 several jurisdictions, the difficulty could possibly be resolved underneath Part 186 of CrPC and different relevant legal guidelines.

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

The highest courtroom 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 looking for switch of the case from Patna to Mumbai.

Nonetheless, in future, if fee of cognizable offence underneath Part 175(2) of CrPC is decided, the opportunity of parallel investigation by the Mumbai Police can’t be dominated out, the highest courtroom 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 prevented 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 will be acceptable to resolve at this stage itself as to who ought to conduct the investigation on all of the attending circumstances regarding the dying of Sushant Singh Rajput.

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

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

LEAVE A REPLY

Please enter your comment!
Please enter your name here