What is a ''Transfer petition''? Is Rhea Chakraborty eligible to get her petition transferred?

 Sarthak Chaturvedi - Advocate, Supreme Court of India


Amid an unprecedented battle between Maharashtra and Bihar for the right to investigate the death of the actor " Sushant Singh Rajput'' and the transfer petition filed by ''Rhea Chakorborty'' to transfer her case from Bihar to Mumbai on the ground of jurisdiction, many among us would be scratching our heads to know what exactly is "Transfer petition'' and If Rhea can seek the transfer of the case at the stage of the investigation or not?

Well, stay with me till the end of this blog To know almost everything about the ''Transfer petition" In supreme court and If Rhea is eligible to seek a transfer of the case to Mumbai or not?

First things first let's start by understanding the ''Transfer petition". 

What is Transfer petition:

Transfer petition means when a litigant approaches the Apex court on the grounds of the conditions provided in the provision 139A to transfer his/ her case to another court in some other place or state court.

This kind of petition is very common in Divorce cases where the petitioners are usually wives who seek the transfer of their cases to their residential states. To seek Transfer petition the petitioner needs to file an application to the court and the court can approve it or disapprove it accordingly.

In the case of '' Sushant Singh Rajput's death,'' Rhea Chakraborty invoking Section 406 of the Code of Criminal Procedure (CrPC)  filed a transfer petition on grounds of jurisdiction. Her plea said that “Strong prima facie case is in her favor as it is submitted that the cause of action has not even remotely occurred within Patna, and there is no basis for Respondent No.1 to proceed with any kind of investigation.”

on Contrary

K.K. Singh (Sushant Singh Rajput's father) in his affidavit said Rhea’s transfer petition is not maintainable by law. Meanwhile, a Central Bureau of Investigation (CBI) investigation had been requested by the Bihar government which was accepted by the Centre in principle. The CBI has now lodged an FIR in the case.

As by now, you must have understood the legal background, grounds of the transfer petition, and accusations and pleas of both the parties I shall proceed with the next possible questions in your mind.

1: Can Rhea Chakraborty seek transfer of FIR investigation by invoking Section 406 of the Code of Criminal Procedure (CrPC)?

2: Does she have a say in choosing an investigating agency that will Investigate accusations against her?

let's address the first possible question.

Is Rhea Chakraborty eligible to seek transfer of FIR investigation by invoking Section 406 of the Code of Criminal Procedure (CrPC)?

The answer to this question is hidden in the provision given in section 406 of the Code of Criminal Procedure (CrPC).

The supreme court cannot use Section 406 of CrPC to transfer an investigation from one state to the other. It can only be used to transfer a case/appeal pending before a court to a court in another jurisdiction.

Now comes the second question

Does Rhea Chakraborty have a say in choosing an investigating agency that will Investigate accusations against her?

The answer to this question is hidden in the Recent (19th May 2020) denial of the CBI probe plea of "Arnab Goswami'' by the supreme court saying that "An accused does not have the choice of an investigation agency or the manner in which the investigation is to be carried out"

These statements show that Rhea Chakraborty is not eligible to seek transfer of FIR investigation by invoking Section 406 of the Code of Criminal Procedure (CrPC).

I hope my blog has been useful for you to clear the possible doubts on the complicated ''Sushant Singh Rajput's'' case and answered the questions like What is a ''Transfer petition''? and Is Rhea Chakraborty eligible to get her petition transferred? with which I started the blog.

Sarthak Chaturvedi

The author is a Lawyer at Supreme Court of India and a Partner at a leading law firm. The views expressed here are personal.

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