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SSR Case: Bombay HC Judgment on Sisters’ Plea for Bandra FIR’s Destruction Today

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The Bombay Supreme Court will rule on Monday on the petition filed by Priyanka Singh and Meetu Singh, the late actor Sushant Singh Rajput’s sisters, for the destruction of an FIR registered against them by the Bandra Police on September 7, 2020. The FIR was registered on the basis of a complaint filed by Rajput’s friend, actor Rhea Chakraborty.

The divisional bench of justice SS Shinde and justice MS Karnik will issue orders on the petition in the afternoon.

On September 7, 2020, Bandra police registered a crime against the sisters based on a complaint filed by Chakraborty, claiming that Priyanka Singh had sent the recent actor recipes on June 8, 2020 by one Dr. Tarun Kumar, an attached cardiologist at the Dr. Ram Manohar Lohia Hospital in Delhi, with drugs containing psychotropic substances covered by the Narcotic Drugs and Psychotropic Substances Act, 1985. Chakraborty claimed that the doctor had not examined the actor and that consumption of the psychotropic substances “may have caused and contributed to the actor’s suicidal death.” “

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The sisters have sued the Supreme Court through attorney Madhav Thorat, claiming that the statements made therein contained no demonstrable violation. Their petition stated that the complaint was nothing but a feeble attempt by Chakraborty to quell the investigation against her by the Narcotics Control Bureau (NCB) and blame Rajput’s relatives for his suicide, as they was about to be arrested by the NCB. Chakraborty was arrested by NCB on September 8.

Their counsel, senior attorney Vikas Singh, had argued that there had been a gross delay in registering the violation when Chakraborty was well aware of the WhatsApp chats exchanged between the deceased actor and Priyanka Singh on June 8, but she filed a complaint on September 7. .

Vikas Singh had also pointed out that the telemedicine guidelines of the Medical Council of India allowed the prescription of the drugs even at the first consultation, and that there was nothing wrong with the prescription.

The senior attorney had alleged that the FIR, registered by Bandra Police, was not recognized by law as a second offense with the same cause and could therefore be scrapped on this ground. The senior attorney relied on the ruling in Jacob Matthew’s case, in which the Supreme Court ruled that a crime cannot be registered directly against a registered physician.

The Central Bureau of Investigation (CBI) backed the petitioners by calling Chakraborty’s allegations “mostly probable and speculative in nature” and claiming that the FIR was “tainted and bad in law” because it was the second FIR for the same case – the death of Rajput.

Senior attorney Devdatt Kamat, who represented Bandra Police, had claimed that the crime was not unlawful. Kamat argued that the recipe (sent by Priyanka Singh to Rajput) was at first glance a made-up document.

Kamat had pointed out that the WhatsApp messages exchanged by and between the late actor and Priyanka Singh falsified the claim that the recipe was followed by online consultation. He pointed out from the documents that someone other than the deceased actor had gone to Ram Manohar Lohiya Hospital if a patient was indoors and obtained the prescription.

Regarding the second FIR’s claim about the same cause of action, Kamat said that the Bandra FIR was in the nature of a counter-complaint and that a counter-complaint FIR cannot be classified as a second FIR. on the same subject.

Attorney Satish Maneshinde had represented Chakraborty at the hearing. He had insisted that the circumstances surrounding Rajput’s death should be investigated. In response to the reason for delay in filing the complaint, he had said that Chakraborty was aware of the messages exchanged by and between the late actor and Priyanka Singh on June 8 and Rajput had asked her to leave his home because she insisted he wouldn’t. take the illegally prescribed drugs.

However, Maneshinde said she realized that the drugs had actually been obtained and that their consumption could have resulted in the actor’s untimely death after certain other messages were leaked by an investigative firm, and then she filed the complaint.

Maneshinde had also urged the court to allow the investigation of Chakraborty’s allegations, arguing that in a case of assisted suicide the immediate reasons are the most important and since the recipe was dated June 8 and the actor six days later, on June, his life had ended. 14, this could be the closest reason behind his death.

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