RHEA CHAKRABORTY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Transfer Petition is filed under section 406 of the Code of Criminal Procedure, 1973 (for short "CrPC") read with Order XXXIX of the Supreme Court Rules, 2013 with prayer for transfer of the FIR No. 241 of 2020 (dated 25.7.2020) under Sections 341, 342, 380, 406, 420, 306, 506 and 120B of the Indian Penal Code, 1860 (for short "IPC") registered at the Rajeev Nagar Police Station, Patna and all consequential proceedings, from the jurisdiction of the Additional Chief Judicial Magistrate III, Patna Sadar,to the Additional Chief Metropolitan Magistrate, Bandra Mumbai. The matter relates to the unnatural death of the actor Sushant Singh Rajput on 14.6.2020, at his Bandra residence at Mumbai. The deceased resided within Bandra Police Station jurisdiction and there itself, the unnatural death under section 174 of CrPC was reported.

(2.) The petitioner is a friend of the deceased, and she too is in the acting field since last many years. As regards the allegations against the petitioner in the FIR, the petitioner claims that she has been falsely implicated in the Patna FIR, filed by Krishan Kishor Singh (respondent no. 2) - the father of the deceased actor. The petitioner and the deceased were in a live-in relationship but on 8.6.2020, a few days prior to the death of the actor, she had shifted to her own residence at Mumbai. According to the petitioner, the Mumbai Police is competent to undertake the investigation, even for the FIR lodged at Patna.

(3.) Heard Mr. Shyam Divan, learned Senior Counsel appearing for the petitioner, Mr. Maninder Singh,learned Senior Counsel appearing on behalf of Respondent No. 1 (State of Bihar), Mr. Vikas Singh, learned Senior Counsel appearing on behalf of respondent No. 2 (Complainant), Dr. A.M. Singhvi and Mr. R. Basant, learned Senior Counsel appearing on behalf of respondent No. 3 (State of Maharashtra) and Mr. Tushar Mehta, learned Solicitor General of India appearing on behalf of respondent No. 4 (Union of India).