Rajput, aged 34, was found hanging from the ceiling of his apartment in suburban Bandra in Mumbai on June 14 and since then the Mumbai police has been probing the case keeping in mind various angles.
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The allegations in the FIR lodged at Patna against Rhea reflect the influence of Rajput's father in illegally roping her in the case, said the petition filed by her on Wednesday seeking transfer of the FIR from Patna to Mumbai.
The Petitioner is an actress and is into acting since 2012. In the peculiar facts and circumstances of the present case, the Petitioner has been falsely implicated in the present case filed at the instance of Krishna Kishore Singh-father of the deceased , the plea said.
Rhea in her plea admitted that she was in a live-in relationship with Rajput and has been in deep trauma due the death of the actor and moreover getting rape and death threats.
Petitioner has also received various death and rape threats and she is in deep trauma due to the loss of deceased, which is multiplied further due to the media sensitivity of the case, it said, adding that she has also filed a complaint at Santa Cruz police station against the rape and death threats.
She said, "It is pertinent to mention that the deceased and petitioner were in live-in relationship since a year up till June 8, 2020 when the petitioner had temporarily shifted to her own residence in Mumbai."
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Her plea said, Deceased was suffering from depression for some time and was also on anti-depressants and he committed suicide on the morning of June 14, 2020 at his Bandra residence by hanging himself. Unnatural death report' was filed by Bandra police station at Mumbai and causes leading to taing of such drastic steps are being examined.
Rhea said that she was summoned by the Bandra police on various occasions and her statement was also recorded under section 175 of CrpC and she understands that the probe of Mumbai police is still going on as some of the forensic reports are still awaited.
She said that Section 177 of CrPC mandates that every offence shall be inquired into and shall be tried by the magistrate within whose local jurisdiction it was committed.
Rhea said that even there is an iota of truth in the case registered by Rajput's father, the jurisdiction to probe the offence would still lie with the Bandra Police Station.
However, in the present case, after recording the FIR, the investigation has been mechanically commenced wholly without jurisdiction by sending report to the Additional Chief Judicial Magistrate 3, Patna Sadar, instead of sending the FIR to the jurisdictional ACMM, Bandra, Mumbai and Bandra Police station, the plea said.
She said that it becomes abundantly clear that the commencement of investigation in Patna is erroneous in absence of any cause of action having arisen thereto in Patna.
The entire cause of action as alleged in the FIR had arisen at Bandra in Mumbai, her plea said.
It would be just and expedient, if the transfer of the case is directed from Patna to Mumbai. No prejudice would be caused to the respondents (father of the Sushant and Bihar police), if the direction sought herein is issued by this court, the transfer plea said.
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The plea sought transfer of the FIR registered on July 25 under various sections of IPC including 306 (abetment of suicide), 341 (punishment for wrongful restraint), 342 (punishment for wrongful confinement), 380 (theft in dwelling house), 406 (punishment for criminal breach of trust) and 420 (Cheating and dishonestly inducing delivery of property, registered at Rajeev Nagar Police station Patna.