The plea states that the FIR in Patna alleging abetment to suicide charges against Chakraborty is nothing but an act of "connivance" between the State of Bihar and the father of the late Sushant Singh Rajput.
Bollywood actor Rhea Chakraborty has moved the Supreme Court seeking transfer of the case lodged against her and others in relation to the suicide of Sushant Singh Rajput from Patna to Mumbai.
The transfer petition filed through Advocate Malak Manish Bhatt and to be argued by Advocate Satish Maneshinde states that the FIR in Patna alleging abetment to suicide charges against Chakraborty is nothing but an act of "connivance" between the State of Bihar and the father of the late Sushant Singh Rajput.
The plea urges the Court to transfer the FIR registered at Rajeev Nagar Police Station in Patna and all consequent proceedings from the jurisdiction of the Additional Chief Judicial Magistrate, Patna Sadar to the Additional Chief Metropolitan Magistrate, Bandra, Mumbai.
It is averred that the ACM Bandra has jurisdiction over Bandra Police Station, where the first ‘Unnatural Death Report’ as per Section 174 of the Code of Criminal Procedure (CrPC) was lodged on June 14, when the actor's suicide came to light.
The petition states that the Chakraborty has been falsely implicated in the case, and that Rajput and her were in a live-in relationship up till June 8, after which Chakraborty had temporarily shifted to her own residence in Mumbai. The plea reads,
"Deceased was suffering from depression from some time and was also on anti-depressants and he committed suicide on the morning of June 14 at his Bandra residence by hanging himself."
Petition filed in Supreme Court
The petition highlights Section 177 CrPC, which mandates that every offence shall be inquired into and shall be tried by the Magistrate within whose local jurisdiction it was committed.
"Assuming that the there is an iota of truth in the case registered by State of Bihar, the offence would still have entirely been committed within the jurisdiction of Mumbai police," says the plea.
Soon after Chakraborty's petition, the family of Rajput moved the Supreme Court through a caveat stating that the plea should not be decided without hearing the family of the late actor. The Bihar Police has also filed a similar caveat in the Supreme Court.
Following this, even State of Maharashtra filed a caveat in the top court.
Chakraborty has mentioned that post Rajput's suicide, she has "received various death and rape threats and she is in deep trauma due to loss of deceased, which has multiplied further due to the media sensitivity of the case."
She has also filed a complaint at Santa Cruz Police Station regarding these threats.
On these grounds and others, Chakraborty has sought the transfer of the case from Patna to Mumbai. As interim relief, she has prayed for a stay on all proceedings and coercive actions that may arise out of the FIR.
On July 25, Rajput's father had lodged a complaint at the Rajeev Nagar Police Station in Patna against Chakraborty and five others. On the same day, the police lodged an FIR for investigation into offences allegedly committed under Sections 341, 342, 380, 406, 420, 306, 506, and 120(B) of the Indian Penal Code.
