RANA NAHID @ RESHMA @ SANA & ANR. versus SAHIDUL HAQ CHISTI

RANA NAHID @ RESHMA @ SANA & ANR. versus SAHIDUL HAQ CHISTI

Section 406 CrPC permits transfer of cases and appeals but not transfer of investigations; Section 174 inquiries are limited to ascertaining apparent cause of death and are distinct from investigations under Sections 154/157 CrPC; on the facts the Patna police lawfully registered the FIR and the Bihar government's consent to CBI entrustment made the ongoing CBI investigation lawful; to avoid parallel and potentially conflicting probes and to ensure public confidence and complete justice the Court, invoking Article 142, directed that the CBI may investigate any future FIRs on the same subject-matter as well.

Parties
Petitioner: Rhea Chakraborty; Respondent: State of Bihar; Complainant/respondent: Krishan Kishor Singh; Respondent: State of Maharashtra; Respondent: Union of India (including CBI)
Jurisdiction
India
Judgment Date
18 June 2020
Procedural Posture
Transfer Petition (criminal) No. 225 of 2020 Under Section 406 Cr PC / Disposed (order Directing CBI Investigation Affirmed and Further Directions Issued)
Outcome
Transfer Petition disposed with directions
Legal Topics
Section 406 Cr PC, Section 174 Cr PC, Section 6 DSPE Act, Jurisdiction to Register FIR, Transfer of Investigation, Article 142 Constituton of India
Criminal Procedure Police Investigation Constitutional Law Administrative Law Section 406 Cr PC Section 174 Cr PC Section 6 DSPE Act Jurisdiction to Register FIR +2 more

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Parties

Rhea Chakraborty

Petitioner

State of Bihar

Respondent

Krishan Kishor Singh

Complainant/respondent

State of Maharashtra

Respondent

Union of India (including CBI)

Respondent

Procedural Posture

Transfer Petition (criminal) No. 225 of 2020 Under Section 406 Cr PC / Disposed (order Directing CBI Investigation Affirmed and Further Directions Issued)

Legal Issues

  1. 1 Whether the Supreme Court can transfer investigations under Section 406 CrPC
  2. 2 Whether proceedings under Section 174 CrPC constitute an investigation
  3. 3 Whether Patna police had jurisdiction to register FIR and commence investigation of incidents occurring in Mumbai

Ratio Decidendi

Section 406 CrPC permits transfer of cases and appeals but not transfer of investigations; Section 174 inquiries are limited to ascertaining apparent cause of death and are distinct from investigations under Sections 154/157 CrPC; on the facts the Patna police lawfully registered the FIR and the Bihar government's consent to CBI entrustment made the ongoing CBI investigation lawful; to avoid parallel and potentially conflicting probes and to ensure public confidence and complete justice the Court, invoking Article 142, directed that the CBI may investigate any future FIRs on the same subject-matter as well.

Court Disposition

Transfer Petition disposed with directions

Orders

  • Section 406 CrPC cannot be invoked to transfer investigations; only cases and appeals may be transferred
  • Section 174 CrPC inquiries are limited and not equivalent to criminal investigations under Section 154 CrPC