Since the incident has happened in Mumbai, the CBI FIR should be treated as a ‘Zero FIR’ and transferred to the Mumbai Police, said the affidavit filed on behalf of Mumbai Police by an inspector of Bandra police station.
The inspector, Bhushan Mhadev Belnekar, said Maharashtra, and not Bihar, was the state competent to give consent under Section 6 of the Delhi Special Police Establishment Act for CBI investigation into any offence that has taken place within the jurisdiction of the state.
Belnekar said, “The Bihar government’s decision to transfer probe to Patna bristles with mala fide as Bihar police had no jurisdiction to lodge FIR on an incident that has taken place in Mumbai and second Bihar was not the state competent to recommend CBI probe under DSPE Act”.
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