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Introduction
Before the Hon'ble Supreme Court, the transfer petition was filed under section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX of the Supreme Court rules, 2013 with a prayer for transfer of FIR under Sections 341, 342, 380, 406, 420, 306, 506, and 120B of The Indian Penal Code, 1860 registered at the Rajeev Nagar police Stata
ion, Patna and all the consequential proceedings from the jurisdiction of the Additional Chief Justice Magistrate III Patna Sadar to the Additional Chief metropolitan magistrate Bandra Mumbai.
Issues
1) Whether this Court has the power to transfer investigation under Section 406 of the CrPC
2)Whether it was within the jurisdiction of the Patna Police to register the FIR and start the investigation of the alleged incidents which took place in Mumbai? As a friendly way, what is the status of the investigation by the CBI in the consent given by the Bihar government
3) Whether the proceedings under section 174 CrPC conducted by Mumbai police to investigate into unnatural death, can be termed as the investigation
4) What is the scope of the power of a single judge exercising jurisdiction under section 406 of the CrPC and whether this court can issue directions for doing complete justice, in the exercise of unlimited power?
The rationale of the Supreme Court
Transfer power under section 406 CRPC
According to section 406 of the CrPC, the Supreme Court is empowered to transfer cases and appeals. Supreme Court was given this power to ensure that this trial is not prejudiced and fair and impartial proceedings are carried on however the court is not authorized to transfer the investigation to another state this principle was developed from the celebrated case of Ram Chander Singh Sagar and Anr Vs State of Tamil Nadu
The Supreme court held that on contrary references cited by the petitioner where the Supreme Court had transferred the investigation from one state to another the question relating to the capability to transfer investigation under section 406 was not discussed.
Therefore, on the issue of Whether the Court had the power to transfer investigation under section 406 of the CrPC, the Hon'ble Court applied the ratio of Ram Chander Singh Sagar and Anr concluded that only cases and appeals can be transferred not an investigation
Jurisdiction of the Patna police to register a complaint
The police are under an obligation to register an FIR whenever a cognizable offence is reported to them. As per the examples once an investigation has started the question regarding the jurisdiction of police station not having a territorial jurisdiction cannot be raised. The court while dealing with this case has referred the celebrated judgement of Lalita Kumar vs govt of UP in this celebrated case the constitutional bench held that "The registration of FIR is mandatory under section 154 of the code if the information discloses commission of the cognizable offence but shows the necessity for an inquiry may be conducted only to ascertain whether the cognizable offence is disclosed or not"
Further in the present case the Hon'ble Supreme Court while interpreting the section 177 and 178 of the CrPC and took into the account the rules laid down in the case of Satvinder Kaur vs State Y Abharam Ajith vs Inspector of Police, Chennai &Anr Asit Bhattacharjee vs Hanuman Prasad Ojha and Rasiklal Dalpataram Thakkar vs the state of Gujarat said that
The Patna police have a note committed any illegality in registering the complaint of the deceased's father As per the complaint registered by the deceased father the complaint had serious claim regarding misappropriation and breach of trust the exercise of jurisdiction by the Bihar police appears to be in order.
Since the FIR was registered and the investigation was initiated by the Patna Police was within the jurisdiction to not transfer the FIR to Mumbai police.on a similar rationale the Bihar government was capable to permit the CBI to start the investigation and therefore the ongoing investigation by the CBI is held to be lawful
Options before Mumbai police
The Mumbai police have started the investigation under section 174 of the CrPC after the unnatural death of the complainant's son and as of for their end no FIR has been registered to suggest a criminal aspect to the unnatural death, on the other hand, the Patna police have registered an FIR incompetent to investigate in the territorial jurisdiction of Maharashtra because of the allegations raised by the complaint which alleges that most of the alleged transactions or incidents have occurred within the jurisdiction of the state of Maharashtra. The complaint registered by the Patna police doesn't suggest anything relating to the Mumbai police having jurisdiction to investigate in the present matter therefore if a case is registered in Mumbai regarding unnatural death of the complaint's son then the Maharashtra government will be capable to give their permission for CBI questioning under section 6 of the DISPE Act.
Judgment
The supreme court to ensure people's confidence in the investigation and to do complete justice and in the matter considered it appropriate to invoke the powers granted by Article 142 of the constitution.
As a court exercising lawful jurisdiction for the assigned roaster, no impediment is noticed for the exercise for absolute power in the current matter. Therefore while according approval for the ongoing CBI investigation if any other case is registered on death of the actor distant Singh Rajput and the surrounding circumstances of his sudden death the CBI is directed to investigate it's new case as well is is ordered accordingly.
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