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In the said affidavit, the Mumbai Police also opposed the CBI’s stance that the former should not have registered the complaint in the Sushant Singh Rajput case, which the central agency was already investigating.
A week after the Central Bureau of Investigation (CBI) opposed an FIR against late Bollywood actor Sushant Singh Rajput's sisters on the complaint of Rhea Chakraborty, saying it is "vitiated" and "bad in law", the Mumbai Police on Monday responded by telling the Bombay High Court that the complaint "disclosed commission of the offence" and that they were 'duty-bound' to register the complaint.
In an affidavit filed by Bandra police's senior inspector Nikhil Kapse in the court on Monday, the Mumbai Police has refuted allegations that they were trying to 'destroy the reputation of the deceased'. The police also urged the court in its affidavit to dismiss the petition filed by Rajput's sisters seeking quashing of the case against them.
Rhea Chakraborty in her FIR had accused Rajput's sisters Meetu Singh and Priyanka Singh of helping the actor illegally access anxiety drugs using fake prescriptions from one Tarun Kumar in Delhi.
A part of the Mumbai Police's affidavit to the Bombay High Court read that "a fake medical prescription was sent by the petitioners with the help of a Delhi-based doctor wherein medicines for anxiety were prescribed to Rajput". "This may have led to the administration of psychotropic substances without actual examination of Rajput by the doctor and may have caused and contributed in his suicidal death. This version of the informant disclosed cognisable offences warranting investigation and requiring no preliminary enquiry. Therefore, the Mumbai police were duty-bound to register the FIR."
In the said affidavit, the Mumbai Police also opposed the CBI’s stance that the former should not have registered the complaint in the Sushant Singh Rajput case, which the central agency was already investigating.
Earlier, the CBI had informed the court that the present FIR had been registered by Mumbai Police in complete disregard to the provisions of Section 154 of the CrPC. It said both respondent Rhea and Mumbai Police were consciously aware that an FIR has been registered by the Patna Police to look into the circumstances surrounding the death of Sushant, which has been transferred to the CBI for investigation.
This claim of CBI was addressed by the Mumbai police in its affidavit wherein it stated that “the case being probed by the CBI is one registered by the deceased’s father in Bihar. On the other hand, the FIR lodged by the Mumbai Police is by Rhea Chakraborty seeking investigation for forgery, cheating and criminal conspiracy against Sushant Singh Rajput’s sisters Priyanka and Meetu and doctor Tarun Kumar.”
Speaking about the affidavit filed by the Mumbai Police, Rhea Chakraborty's lawyer Satish Maneshinde said in a statement, "The FIR filed by Rhea Chakraborty was for a specific offence of having forged a prescription and administered illegally medicines which were already communicated to SSR by Priyanka Singh in her messages on 8th June 2020. When SSR expressed his inability to obtain them without a prescription as communicated by him in his messages, the sister obtained a fraudulent prescription from a known doctor who is not a mental health expert, who without any consultation prescribed medicines falling under NDPS Act by falsely depicting that SSR was a OPD registered person, when SSR was very much in Mumbai. Those medicines were administered more so when the family was aware that SSR was addicted to drugs and under treatment at Mumbai. SSR was consulting five doctors in Mumbai who had advised him to abstain from Narcotic Substances as he was being treated for mental health issues. Since SSR refused to accede to Rhea's suggestion to follow the advice of the Mumbai doctors, her departure from SSR home was inevitable, as per the wishes of SSR."
He added, "The replies filed by CBI and Mumbai Police are before you all. It is for the nation to determine who is carrying out their duties according to law and who is colluding with whom."
Earlier, On October 28, the central probe agency had in addition to above statements made, also said that the allegations against the late actor`s sisters in the FIR registered on the basis of Rhea`s complaint are "presumptive and speculative".
The CBI had also argued that the Mumbai Police have not registered an FIR as an outcome of the inquest proceedings being conducted by them. Therefore, the Supreme Court judgement of August 19 does not allow registration of any such FIR.
The CBI in its reply to the court also stated that if Mumbai Police or Rhea had any information on the death of Sushant, they should have been directly shared with the CBI for action. The FIR registered at the Bandra police station was not required, it said.
For the unversed, the Mumbai Police registered a case against Sushant`s sisters on the complaint of Rhea alleging that they were helping the actor access anxiety drugs illegally using fake prescriptions.
Rhea`s complaint was based on WhatsApp chats between the actor and his sister on June 8 -- just six days before he was found dead at his Mont Blanc Apartment on June 14.
The alleged chats between Sushant and his sister indicated that she had advised her brother to take three medicines banned under the Narcotic Drugs and Psychotropic Substances Act.
In her complaint, she pointed out that the alleged chats of Sushant and his sister were opposite to the family`s claim that they were unaware of the late actor`s mental health issues.
Late actor Sushant Singh Rajput was found hanging at his Bandra apartment in June earlier his year.
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