Sushant Singh Rajput case: Patna Police committed no illegality in lodging FIR, says SC

0

New Delhi: Patna Police dedicated “no illegality” in registering an FIR in opposition to actress Rhea Chakraborty in reference to the dying of actor Sushant Singh Rajput and the grievance filed by his father had alleged cognizable offence, the Supreme Courtroom mentioned on Wednesday. Whereas referring to earlier verdicts delivered by the apex courtroom, a bench of Justice Hrishikesh Roy mentioned that registration of FIR is remitted when info on cognizable offence is obtained by the police.

“Having regard to the legislation enunciated by this courtroom as famous above, it should be held that the Patna Police dedicated no illegality in registering the grievance. Trying on the nature of the allegations within the grievance which additionally relate to misappropriation and breach of belief, the train of jurisdiction by the Bihar Police seems to be so as,” the bench mentioned in its 35-page judgement.

The decision got here on a plea filed by Chakraborty who had sought switch of an FIR, lodged in opposition to her and others at Patna by Rajput’s father accusing them of abetting the actor’s suicide, to Mumbai.

Rajput, 34, was discovered hanging from the ceiling of his condo in suburban Bandra in Mumbai on June 14 and since then Mumbai Police has been conducting inquiry protecting in thoughts numerous angles.

The highest courtroom famous in its verdict that throughout the pendency of Chakraborty’s plea earlier than it, the FIR at Patna was subsequently transferred to the CBI with consent of Bihar authorities.

It mentioned that on the stage of investigation, Bihar Police was not required to switch the FIR to Mumbai Police.

“For a similar motive, the Bihar authorities was competent to present consent for entrustment of investigation to the CBI and as such the continuing investigation by the CBI is held to be lawful,” it mentioned.

“Furthermore, the allegation regarding legal breach of belief and misappropriation of cash which have been to be ultimately accounted for in Patna (the place the complainant resides), might prima facie point out the lawful jurisdiction of the Patna Police,” the bench mentioned.

The bench mentioned that as Rajput’s father had alleged fee of a cognizable offence in his grievance, it was incumbent for the police to register the FIR and begin investigation.

“In response to the complainant, his try from Patna to speak to his son (Rajput) on phone was thwarted by the accused individuals and the potential for saving the lifetime of his son by way of father son engagement, was missed out. In consequence, the complainant misplaced his solely son who on the applicable time, because the counsel has vividly submitted, was anticipated to mild the funeral pyre of the daddy,” the bench famous in its verdict.

Referring to the sooner verdicts, together with the one delivered within the Lalita Kumari case which mandates registration of FIR in sure circumstances, the highest courtroom mentioned precedents means that at stage of investigation it can’t be mentioned that involved police station doesn’t have territorial jurisdiction to probe the matter.

It mentioned that in one other judgement, the highest courtroom had made it very clear {that a} police officer can not chorus from investigating a matter on territorial floor and the difficulty will be determined after conclusion of the investigation.

The highest courtroom accorded its approval to the continuing CBI probe into the FIR in opposition to Chakraborty and others and mentioned that another case lodged within the matter can be probed by the premier company itself.

The FIR in Patna was registered on July 25 for the alleged offences beneath numerous sections of the Indian Penal Code, together with 306 (abetment of suicide), 341 (punishment for wrongful restraint), 342 (punishment for wrongful confinement), 380 (theft in dwelling home), 406 (punishment for legal breach of belief) and 420 (Dishonest and dishonestly inducing supply of property).

LEAVE A REPLY

Please enter your comment!
Please enter your name here