New Delhi: Rhea Chakraborty, girlfriend of deceased actor Sushant Singh Rajput, has submitted before the Supreme Court that while she has no objection to a CBI enquiry into the death of the actor per se, she was against the “illegal manner” in which an executive order was issued to start it.
She has said that her objection was the manner in which the investigation has been transferred from Bihar Police to the CBI without (any care for) jurisdiction, which is contrary to law.
She has also submitted in her plea that “the said transfer has been undertaken solely with the motive of rendering the instant petition infructuous.”
Submitting that the courts in Bihar do not have lawful jurisdiction in the matter, the petitioner (Rhea) has stated that Section 177 of CrPC categorically states that the case should be investigated into and be dealt with by the court where the offence has been committed. Even on a reading of the FIR, no part of the offence has taken place in Bihar. Even the FIR alleges that all acts have happened only in Mumbai and as such Patna (Bihar) has only been mentioned owing to the Complainant’s residence being at Patna.”
Rhea has further submitted that “Section 179 of CrPC has been misconstrued to usurp jurisdiction in Bihar under political pressure.” It has been stated that an example of offence for the purpose of Section 179 can be – a case of a cheque issued in Maharashtra, and returned unpaid on being deposited in Bihar.
Section 179 reads as follows: “When an act is an offence by reason: (i) of anything which has been done and (ii) of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.”
Rhea has submitted that a plain reading of the subject FIR is clearly indicative of the fact that no such consequence of such alleged act has ensued within the State of Bihar.
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A single Judge bench headed by Justice Hrishikesh Roy had reserved its order on the transfer petition filed by Rhea Chakraborty.
-India Legal Bureau