Mumbai: An FIR need not be an encyclopedia containing conclusive proof of each and every allegation, said an affidavit filed by the city police in response to a quashing petition filed by late actor Sushant Singh Rajput’s sisters — Priyanka Singh and Mitu Singh.

Bandra police had registered an FIR against the sisters on the complaint of Sushant’s girlfriend Rhea Chakraborty. The affidavit said that the quashing petition appears to be on “an erroneous premise as if an FIR has to be an encyclopedia containing conclusive proof of each and every allegation”. It sought dismissal of the quashing petition.

Mumbai Police told the Bombay high court that they were duty-bound to file an FIR against Priyanka and Mitu and Delhi-based doctor Dr Tarun Kumar based on a complaint by Chakraborty alleging that the sisters, with the help of the doctor, had conspired to fabricate a medical prescription containing prohibited psychotropic substances sans any physical examination of the patient—Sushant.

The police denied the sisters’ allegation of “vendetta or malicious prosecution” and the “state’s connivance” and termed them baseless. In its affidavit, Mumbai Police dismissed allegations that they were trying to destroy the reputation of Sushant, who was found dead in his Bandra flat on June 14, or his sisters’.

The police said the “version of the informant (Rhea) disclosed cognizable offences, warranting investigation and requiring no preliminary enquiry following which a FIR was registered. Pointing out that following Supreme Court directions, “it immediately transferred the FIR to CBI for probe”. The affidavit said that the sisters, by making false allegations, were “indirectly trying to seek review of the SC observations finding the earlier inquiry by Mumbai Police satisfactory”.

Mumbai Police also submitted that the two FIRs registered in connection with Sushant’s death were totally different. The FIR registered in Bihar by Sushant’s father pertained to allegations of abetment of suicide, extortion and cheating of the late actor by Rhea and others for their alleged “monetary gain”, said the police affidavit. On the other hand, the FIR by Rhea is to seek probe into “alleged offences of conspiracy, cheating and forgery by Sushant’s sisters and Dr Tarun Kumar and others for fabricating medical prescription” for the late actor’s “anxiety’’ on June 8, without his actual examination. The police said, “The FIR also seeks investigation into possibility of deterioration of his mental health and eventual suicide pursuant to the conspiracy.” It is now for the CBI to investigate both the FIRs, said the police.

The matter will be next heard on Wednesday.

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Observing that no drug recovery was made from Bandra businessman Nikhil Saldanha, a special NDPS court on Tuesday granted him bail. Saldanha was among the 25 arrested in the drugs case the NCB is probing rin connection with Sushant Singh Rajput’s death. The court directed him to attend NCB’s office, as and when called, till the filing of the chargesheet.

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The Bandra police has defended its decision to register an FIR against the late actor Sushant Singh Rajput’s sisters, Priyanka and Mitu, and sought for the FIR against them to be investigated instead of being quashed.

Rajput’s partner Rhea Chakraborty’s complaint claimed that a Delhi doctor's medicines prescribed over the phone through Priyanka Singh could have led to deterioration in the actor’s mental health.

The Bandra police has said that the FIR registered by Rajput’s family against Rhea is different from the complaint she filed against the sisters where the version of “conspiracy alleged” is totally different and it is necessary for CBI to investigate both the FIRs. The affidavit filed by Bandra police station’s senior inspector Nikhil Krishnarao Kapse further claims that they were only following SC orders when they registered the FIR.

“Apparently, the Supreme Court of India had in its wisdom not only provided for registration of any other FIR at Mumbai, but also directed CBI to investigate such new case on the death of actor Sushant Singh Rajput, so that the latter case too gets investigated by CBI without requiring consent from the State of Maharashtra,” the affidavit filed in the Bombay High Court states.

It further says that no coercive action was taken against the sisters and the FIR was immediately transferred to the CBI for investigation.

“Accordingly, after its registration the impugned FIR was forthwith transferred to CBI for investigations without taking any coercive steps and without investigating the allegations levelled in the FIR.” Bandra police had conducted the Accidental Death Report inquiry related to Rajput’s suicide.

Referring to the police, the affidavit said, “No mala fides can be attributed to Respondent No. 1 for having discharged the statutory duty and complying with the directions of the Hon'ble Apex Court.” Referring to Chakraborty’s complaint, the affidavit said, “According to the said informant, the criminal conspiracy in obtaining such fabricated prescription based on falsehood, may have led to administration of psychotropic substances without actual examination of the actor Rajput and may have caused and contributed in the suicidal death of Rajput. This version of the informant, disclosed cognizable offences, warranting investigation and requiring no preliminary enquiry.”

The police had on September 7, acting on a complaint by Rhea that cited WhatsApp communications between Rajput and one of his sisters on June 8, registered a case against the actor’s two sisters and a Delhi-based doctor. The complaint was based on allegations related to the Delhi-based doctors’ prescription of such medicines, which are to be given only after ‘consultation’ as mandated by law and are prohibited from getting prescribed electronically, to Rajput and the preparation of a dubious prescription.

“As per the version of the informant, the said purported OPD registration card dated June 8 issued in Delhi was a fabricated one, and without any examination of the actor who was actually in Mumbai,” the affidavit read.

The CBI had earlier told the high court that Rhea’s allegations against Priyanka and Meetu, “in the present FIR are mostly presumptive and speculative in nature”. The CBI said that such speculation cannot be the basis of an FIR, in response to Priyanka and Mitu’s petition seeking to quash the case lodged against them. The CBI also said, “It is settled law that two FIRs cannot be registered on the same cause of action… the CBI is already investigating the causes relating to the death of Sushant Singh Rajput and all aspects surrounding the same. In view of this, it was expected from the Mumbai police to forward the complaint received from Rhea Chakraborty to the CBI instead of registering FIR itself."