New Delhi: The Supreme Court on Friday dismissed an appeal filed by Priyanka Singh, sister of late actor Sushant Singh Rajput, challenging a Bombay High Court order refusing to quash the FIR filed against her by Mumbai Police following compliant from actor Rhea Chakraborty.
A bench headed by Chief Justice S.A. Bobde and comprising Justices A.S. Bopanna and V. Ramasubramanian said: "We are not inclined to entertain this petition."
Senior advocate Vikas Singh, representing Singh, argued that the high court has overreached its power by examining allegations which were placed before the police through media reports.
Singh's plea said it is pertinent to note that Rhea's entire case is based on media report which do not have any credibility as to the source or authenticity of such reports.
"Further, this court in Dr. B. Singh Versus Union of India [(2004) 3 SCC 363] has specifically held that media reports are not admissible in evidence, thus by no stretch of imagination it can be held that there is any case against petitioner," said the plea.
Rhea, in her complaint on the basis of which the FIR was filed, had alleged that the sisters conspired with Tarun Kumar, a doctor, to obtain a false prescription for administering banned medicines to the late actor.
The Bombay High Court had observed that there was prima facie case found against Singh in the FIR lodged at the instance of Rhea. However, the high court quashed the proceedings against Sushant's other sister Meetu Singh, who was also named as an accused in the FIR.
"This conduct of Respondent No. 1 (Maharashtra government) shows that present FIR was registered hurriedly on same day without any inquiry and smacks of malice and vengeance as Respondent (Rhea) is herself accused in case of death of late actor Sushant Singh Rajput filed by father of Petitioner in FIR No. 241 of 2020 at P.S. Rajiv Nagar at Patna," added the plea.
The plea contended that it is also shocking that the high court had recorded observations against the Tarun Kumar, who is a senior cardiologist working in RML Hospital Delhi and was not present before the court in the proceedings.
"It is pertinent to mention that the prescription was provided in accordance with the MCI Regulations and Telemedicine Practice Guidelines and Telepsychiatry Operational Guidelines, where it is permitted to medical practitioner to prescribe medicine through teleconsultation and also through caregiver," plea said.