The Central Bureau of Investigation (CBI) on Wednesday told the Bombay High Court that Rhea Chakraborty’s accusation that Priyanka and Meetu Singh, sisters of actor Sushant Singh Rajput, obtained fake medical prescription for him ‘was presumptive and speculative’ and said that such speculation cannot form the basis of an FIR.
The probe agency said that in an affidavit filed in reply to the plea filed by the late actor’s sisters, seeking to quash an FIR lodged against them by Chakraborty who has accused them of forging and procuring a fake medical prescription for their brother.
On Tuesday, Chakraborty sought from a division bench of Justice S S Shinde and Justice M S Karnik to dismiss the plea with heavy costs.
Rhea, facing probe by central agencies in connection with Sushant’s death on June 14, had on September 7 filed a police complaint against Priyanka, Meetu and a doctor from Delhi’s Ram Manohar Lohia hospital for allegedly getting the late actor psychiatric drugs without consultation and by using a forged prescription.
The CBI submitted: “it is correct that if the allegations mentioned in the FIR, prima facie, do not constitute an offense of making out a case against the accused, the FIR can be quashed by Constitutional Courts. Pertinently, the allegation levelled in the instant FIR are mostly presumptive and speculative
CBI also said that it is probing complaint filed by Rajput’s father K K Singh against Rhea and her family members for allegedly abetting the 34-year-old actor’s suicide. It said the police should have conducted preliminary enquiry before registering FIR against Rajput’s sisters.
The present FIR has been registered in complete disregard to the provisions of Criminal Procedure Code (CrPC), it said.
“It is a settled law that two FIRs cannot be registered on the same cause of action. CBI is already investigating the causes relating to the death of Sushant Singh Rajput and all aspects surrounding the same. In view of this, it was expected from Mumbai Police to forward the complaint received from Rhea Chakraborty to the CBI instead of registering FIR itself,” the affidavit said.
“Therefore, registration of FIR on the same facts and cause of action is both unwarranted and not allowed under the law. Thus, this FIR vitiated and is bad in law,” it said.
“If Rhea was aware of the mobile phone chat between Rajput and his sister Priyanka in June, 2020, which Priyanka allegedly sent him a medical prescription, then Rhea should not have kept silent till September…We are conducting a probe without being hindered by any external factors in an impartial manner.” the agency said.
In their plea, the sisters had said that Rhea, as per the contents of the FIR, had made “contradictory statements” about Sushant’s death. Pending hearing, they also sought interim relief to stay proceedings arising out of the FIR and restrain the prosecution from taking any coercive action against them.
The sisters said that no criminality could be attributed to them since the complaint was solely based on medicines prescribed by a doctor, and therefore liable to be struck down in view of past Supreme Court judgments.
Satish Maneshinde, representing Rhea, submitted that since the case against the sisters is at a “nascent” stage, the investigation agency is required to be given time. He added that “forged” and “fabricated” medical prescription was used to help Sushant procure medicines banned under the NDPS Act.
Rhea’s affidavit stated, “Rajput died merely five days after he obtained the said prescription, wherein he was unlawfully prescribed psychotropic substances at the behest of his sister (Priyanka) and Dr Tarun Kumar.”
The Court has also directed the Mumbai Police to respond to the plea and will hear the case on November 4.
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