The CBI, in its reply to a plea filed by the sisters of late actor Sushant Singh Rajput to quash the FIR against them filed by actor Rhea Chakraborty has said, “The very genesis of the FIR is flawed.”
The Central agency filed its reply after a division bench of Justices S.S. Shinde and M.S. Karnik on Tuesday directed it to reply to the petition filed by Priyanka and Meetu Singh.
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Referring to the FIR filed by Ms. Chakraborty on September 7, the CBI said: “The very genesis of the FIR registered at police station Bandra is flawed. The allegations levelled in FIR are mostly presumptive and speculative in nature.”
Anil Kumar Yadav, Addl. SP, said, “It is settled law that two FIRs cannot be registered on the same cause of action. It is a fact that the CBI is already investigating the causes relating to death of Sushant Singh Rajput on the basis of a complaint filed by K.K. Singh, father of the deceased. The CBI is meticulously investigating all the aspects related to the death of Sushant Singh Rajput. In view of the present situation and order passed by Hon’ble Supreme Court of India, it was expected from the Mumbai police to forward the complaint received from Ms. Rhea Chakraborty to the CBI for necessary action, instead of registering an FIR itself.”
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The reply mentioned, “Registration of another FIR on the same facts and cause of action was neither warranted nor allowed under law. Thus the FIR is vitiated and bad in law. Mumbai police was required to follow the procedure laid down. It is submitted that it is correct that if the allegations mentioned in the FIR, prima facie, do not constitute any offence or make out a case against the accused, the FIR can be quashed by Constitutional Courts.”
