Allow Cookies!
By using our website, you agree to the use of cookies
The Maharashtra Government on Saturday filed an affidavit before the Supreme Court, Challenging the FIR filed on 25 of July against Actor Rhea Chakraborty and 5 others for the abetment of suicide, registered in Patna and subsequently transferred to the CBI.
On August 5, the court has granted 3 days to all parties to file a reply and sought an update from the State of Maharashtra on the Investigation done by the Mumbai Police.
The recommendation by the Addl. CJM, Patna to transfer the investigation into the FIR by the CBI bristles with mala fide, and also the same is void ab intio.
It is further submitted that the jurisdiction of CBI is confined only to the Union territories for investigation of offenses notified under section 3 of the DSPE act. The Consent of the concerned state government is required under section 6 of the DSPE act. Further, the CBI requires a corresponding notification from the central government under the section of 5 of the DSPE act before taking up the investigation of a case outside the UT. “ In other words, law, and order being a state subject, the CBI derives the jurisdiction only after a valid consent is given. As the state of Maharashtra has not given any consent as provided under section 6 for transferring the investigation to the CBI, therefore the investigation into the FIR cannot be transferred to the CBI. In the facts and circumstances of the present case it is only the state of Maharashtra which is competent to give consent, the alleged cause of action completely arose within the state", the affidavit argues.
In its reply, the Maharashtra government has also said that Sushant's father KK Singh was not "within his rights" in registering a complaint in Patna as the alleged offense had taken place in Mumbai. The FIR was registered under the charges of 'abetment of suicide and 'committing criminal breach of trust'
The court will next hear the matter on 11th August.
86540
103860
630
114
59824