Criminal Procedural Code: Case Law - Rhea Chakraborty vs. State of Bihar

(After many jurisdictional arguments, Supreme Court has stated that the exercise of Extra-Jurisdictional act taken by Bihar Police appears to be in order, due to the nature of allegations that were made in the case.)

Bench: Hrishikesh Roy J

Issue: The issue is based on the unnatural death of the late-actor Sushant Singh, whose death is mysterious, which was declared as a suicide but certain allegations claim his death to be a murder and ask for CBI investigation, as the investigation of Mumbai Police is not conducted in relevance to allegations raised.

Petitioner: Rhea Chakraborty

Respondent: State of Bihar

Facts:

• The case is based on death of Sushanth Singh Rajput, a popular bollywood celebrity. His death was reported as Suicide, but many allegations and issues were raised claiming that his death wasn't a suicide, instead it was a murder.

• Rhea Chakraborty, the late-actor's girlfriend is accused under some sections of CrPC by the respondents, State of Bihar and father of the late-actor.

• Petition keeps on stating about the jurisdiction and that Patna police does not have any right to interfere in the case.

• According to the Constitution of India, police falls under the state list in the 7th Schedule, therefore investigation of a crime should be conducted by the concerned state police.

• A major suspicion rose because of Mumbai police is more concerned about obstructing and hinder Bihar police to enter Mumbai.

• Mr.Vikas Singh has made some serious allegations referring to CrPC, on the petitioner in the FIR registered.

• Major arguments related to the case is whether the Patna police has the Jurisdiction to investigate the case or not?

Petitioner's Contention:

Rhea Chakraborty, an actress in bollywood was in live-in relationship with Sushanth Singh who is the subject of the case, whose death is said to be mysterious. His girlfriend Rhea is the petitioner, she has stated that Mumbai Police can take actions and competent enough to investigate the case for which the FIR is filed in Patna. She contends that as everything has happened inside the jurisdiction of the State of Maharashtra, all the procedures relating to the case should have taken place with the Bandra Police Station, as it is the place according to the jurisdiction of the incident that has taken place. She has mentioned that the registration of the complaint in Patna is entirely because of the Politics played by Bihar Police Authority. The Learned Senior Counsel for the petitioner has repeatedly argued that Patna police has no power to enter in this case, therefore their prayers in the case does not need to be granted as it would not amount to a Lawful Consent of the Consent as per Section 6 of the Delhi Special Police Act, 1946. The petitioner has also mentioned that she has co-operated for the enquiry and she has no objection in the case getting transferred to CBI. The petition side has stated that every offence either cognizable or non-cognizable offence, should be tried by the court which is present in the local jurisdiction. Most importantly, if another state is allowed to enter, everyone will get an option to choose which will damage the federal structure of the nation.

Respondent's Contention:

Learned Senior Counsel of the Respondent side has accused Mumbai Police, by stating that they have suppressed the real facts of the case and did not conduct the investigation properly. Superintendent of Police, Patna was quarantined after he reached Mumbai, this is clearly a non-cooperative which brings the suspicion. The investigations conducted by the police of Mumbai were not in accordance to the allegations which were made in the complaint. Mr. Vikas Singh the 2nd respondent of the case is personally connected to the case as he is the father, so expecting a fair investigation from his part can be justifiable. The complainant contends that the Mumbai Police is simply painting the truth to disappear to make the real culprits escape from what they did and also with political pressure.

Judgment:

Supreme Court has said that it does not have any power to come to conclusion with the evidences that are present now, and cannot decide whether it was a murder or suicide. The Court has also ensured that it should maintain public confidence and justice, by invoking the powers conferred by Article 142 of the Constitution. The Court has stated that any future cases that arise on the death of the late-actor, CBI will be the body that would investigate.