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Actor Sushant Singh Rajput’s father, Mr. KK Singh has filed his reply in the SC objecting the petition filed by actress Rhea Chakraborty asking the FIR registered against her in Patna to be transferred to Mumbai. His father asserted that the case has now moved to the CBI for investigation therefore rendering her transfer petition unnecessary.
Last month Rhea had proceeded to the apex court seeking the FIR filed in Patna to be transferred to Mumbai and stop the investigation by the Bihar Police as Mr. KK singh had put allegations on her that she had abetted suicide of his son.
Advocate Nitin Saluja counsel for Actor’s father, has declared that the transfer petition is not maintainable at all.
"It is a well-settled proposition of law that the transfer of a petition could only be at post cognizance stage, that is when the matter is before a criminal Court and not at the stage of investigation i.e. when the matter is being investigated by the Police officers.
He also went to state that a part of a cause of action occurred in Patna and therefore it makes the Patna Police capable to look into the issue according to the Section 178 (Place of inquiry or trial) of CrPC. Mr. Singh further said that the Mumbai police rushed the matter and did not show any urgency in finding the person guilty of his son’s death. He submitted while claiming that Mumbai Police conducted an "eye-wash" in the name of the enquiry.
To give a few examples he submitted that,
Therefore the contentions were first, the investigation on the FIR has been transferred to the CBI making the present prayer pointless now. Second, there is no case pending that could be transferred under S.406 CrPC, therefore the transfer petition is not maintainable.
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