Bom HC | Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases: FIR against late actor Sushant Singh’s Sister not to be quashed

Bombay High Court: The Division Bench of S.S. Shinde and M.S. Karnik, JJ., found prima facie case against Late actor Sushant Singh Rajput’s sister Priyanka Singh.

It may be that the relations between the petitioner and the respondent 2 are strained, but we cannot overlook the serious allegations made in the complaint and materials on record and the fact that the investigation is in progress and same is not yet concluded.

In the present matter, it was stated that the petitioners suffered the untimely and unfortunate demise of their brother Sushant Singh Rajput on 14-06-2020.

Petitioners stated that they find themselves in the midst of controversy as a result of the registration of an impugned FIR based on unfounded allegations, unsubstantiated facts and a misleading complaint filed as a counterblast FIR filed by petitioner’s father against respondent 2.

Petitioners case was that the FIR was registered by respondent 1 on the complaint of Rhea Indrajit Chakraborty (Respondent 2) in a most illegal and arbitrary manner without following the due process of law.

Analysis and Decision

While perusing the facts and circumstances of the case, Bench notes that the present matter relates to the tragic incident in which the Bollywood actor Sushant Singh Rajput was found dead at his residence.

Respondent 2 filed a complaint contending that the accused persons conspired with each other and illegally procured false prescription on the letterhead of Government hospital which contained psychotropic substances that are listed in the Schedule of NDPS Act and administered the same to the late actor.

Whether filing of the second FIR or counter-complaint permissible as done by the Respondent 2?

Bench referring to the decision of Supreme Court in Upkar Singh v. Ved Prakash, (2004) 13 SCC 292, found that the filing of the counter-complaint is permissible.

Elaborating the above point in terms of the present matter, Court expressed that:

Supreme Court has laid down that any further complaint by the same complainant against the same accused, subsequent to the registration of a case, is prohibited under the Criminal Procedure Code. because an investigation in this regard would have already started and further the complaint against the same accused will amount to an improvement on the facts mentioned in the original complaint, hence, will be prohibited under Section 162 CrPC.

Present Petitioners are not accused in the first FIR.  2nd respondent has filed the 2nd FIR in the nature of counter-complaint in respect of the same incident having different versions of the events which are legally permissible.

Further, the Bench stated that the allegations made in the complaint revealed the exchange of messages between petitioner 1 and late actor regarding the list of medicines. The FIR consisted of the allegations pertaining to the prescription with regard to the various medications controlled under the NDPS Act. Dr Tarun Kumar prescribed medicines which were prohibited from being prescribed electronically for the purpose of anxiety.

The allegation was that the accused prescribed psychotropic substances without any consultation or examination in violation of provisions of the NDPS Act and the Telemedicine Practice Guidelines, 2020.

Bench expressed that the allegations along with other material enclosed prima facie disclose the alleged offences as against the petitioner 1.

It is a well-settled principle of law that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases.

 Supreme Court in the State of Karnataka v. Pastor P. Raju, (2006) 6 SCC 728, settled the legal position stating that the High Court ought not to interfere with and quash the entire proceedings in exercise of power conferred by Section 482 CrPC when the matter was still at the investigation stage.

In the case of State of Telangana v. Habib Abdullah Jeelani, (2017) 2 SCC 779, it was held that there is no denial of the fact that the power under Section 482 Cr.P.C. is of very wide amplitude but it needs no special emphasis to state that conferment of wide power requires the Court to be more cautious. It casts an onerous and more diligent duty on the Court.

Hence, Court opined that the allegations made in the complaint do constitute a cognizable offence against the petitioner – Priyanka Singh justifying the registration of a case and an investigation thereon.

With regard to petitioner 2, the allegation has been made against her based only on suspicion that the medicine might have been procured by her.

However, the complaint primarily proceeded on the allegation that the banned medicines prescribed by Dr Tarun Kumar were at the behest of petitioner No.1 who was having knowledge that the said banned medicine and heavy doses of medicine may result in a chronic anxiety attack which may damage the health of Sushant Singh Rajput.

While concluding, the Court added that:

FIR registered at the instance of the late actor’s father has already been transferred to the CBI for investigation in the light of the directions of the Supreme Court, and even Senior Advocate for the respondent 3 submitted that so far as FIR lodged by late actor’s father is concerned, the CBI is conducting investigation meticulously and professionally without being hindered by any external factor and would thoroughly look into each and every aspect relating to the death of the late actor in a fair and impartial manner.

Decision

From the reading of the complaint and materials on record, it was seen that the allegations were primarily against petitioner 1 and Dr Tarun Kumar. The FIR appeared to have been registered against the petitioner 2 only on suspicion without attributing specific overt acts qua petitioner 2 that she aided or abetted the alleged act of suicide by the late actor Sushant Singh Rajput.

Hence, on overall consideration, allegations against petitioner 2 were vague and general and the counter-complaint filed by the respondent 2 qua second petitioner is to be set aside and quashed and so far as petitioner 1 – Priyanka Singh was concerned, no merit was found in the present petition, therefore deserves to be dismissed.

Rejection of this Petition qua petitioner No.1 – Priyanka Singh shall not be construed as an impediment to petitioner No.1 to avail of an appropriate remedy in case Investigating Officer decides to file the chargesheet.[Priyanka Singh v. State of Maharashtra,  2021 SCC OnLine Bom 207, decided on 15-02-2021]


Advocates who appeared in the matter:

Mr. Vikas Singh, Sr. Advocate a/w Mr. M.V. Thorat i/b Mr. M.V. Thorat, for the Petitioners

Mr. Satish Maneshinde a/w Ms. Namita Maneshinde, for Respondent No.2.

Mr. Devdatta Kamat, Sr. Advocate a/w Mr. Deepak Thakre, PP, Mr. S.R.Shinde, APP a/w Mr. J.P. Yagnik, APP, Mr. Rajesh Inamdar and Mr. Hemant Shah, for Respondent No.1 – State.
Mr. Anil C.Singh, ASG a/w Mr. Sandesh Patil a/w Mr. D.P. Singh, for Respondent No. 3 – CBI.


Also Read:

Unmasking the Narcotics Drugs and Psychotropic Substances Act, 1985 [Explainer on certain provisions]

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