Case Note & Summary
The petitioners, sisters of the deceased actor Sushant Singh Rajput, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 576 of 2020 registered at Bandra Police Station, Mumbai. The FIR was registered on the complaint of Respondent No. 2, Reha Indrajit Chakraborty, alleging offences under Sections 420, 464, 465, 466, 474, 468, 306, 120B read with 34 of the Indian Penal Code, 1860, and Sections 8(c), 21, 22A, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioners contended that the FIR was mala fide, based on false allegations, and that no prima facie case was made out against them. They argued that the death of their brother was a suicide and that they had no role in abetting it or in any drug-related activities. The respondent-complainant alleged that the petitioners had abetted the suicide by continuously harassing the deceased and were involved in a drug nexus. The State of Maharashtra and the Central Bureau of Investigation opposed the petition, submitting that the FIR disclosed cognizable offences and that the investigation was at a nascent stage. The court, after hearing the parties, held that the power to quash an FIR is to be exercised sparingly and only to prevent abuse of process of court. The court found that the allegations in the FIR prima facie disclosed the commission of cognizable offences, including abetment to suicide and offences under the NDPS Act. The court observed that at the stage of quashing, it cannot conduct a mini-trial or weigh the evidence. The court also noted that the Supreme Court had already ordered a CBI investigation into the matter. Accordingly, the court dismissed the petition, holding that the investigation should be allowed to proceed. The court clarified that the petitioners are at liberty to seek appropriate remedies, including bail, before the competent court.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC, Article 226 Constitution - Power to quash FIR is to be exercised sparingly and only to prevent abuse of process of court - Court must consider whether allegations in FIR prima facie disclose commission of cognizable offence - If they do, investigation should not be stifled at threshold (Paras 2-3). B) Indian Penal Code - Abetment to Suicide - Section 306 IPC - For abetment to suicide, there must be instigation, conspiracy, or intentional aid - Mere harassment or cruelty not sufficient unless it drives victim to commit suicide - However, at FIR stage, court cannot conduct mini-trial - Allegations of continuous harassment and instigation may constitute prima facie case (Paras 4-6). C) Narcotic Drugs and Psychotropic Substances Act, 1985 - Offences under NDPS Act - Sections 8(c), 21, 22A, 29 - Allegations of procurement and consumption of drugs by deceased and involvement of petitioners in drug nexus - FIR prima facie discloses offences under NDPS Act - Investigation required to unearth larger conspiracy (Paras 7-8). D) Criminal Procedure Code - Investigation - Role of CBI - Section 156 CrPC - CBI investigation ordered by Supreme Court in this case - High Court cannot interfere with investigation at this stage - Petitioners can seek bail or other remedies before appropriate forum (Paras 9-10).
Issue of Consideration
Whether the FIR registered against the petitioners for offences including abetment to suicide and under the NDPS Act should be quashed under Article 226 of the Constitution read with Section 482 CrPC.
Final Decision
The petition is dismissed. The FIR No. 576 of 2020 and the investigation shall continue. Petitioners are at liberty to seek appropriate remedies before the competent court.
Law Points
- Quashing of FIR
- Prima facie case
- Abetment to suicide
- Criminal conspiracy
- NDPS Act offences
- Section 482 CrPC
- Article 226 Constitution
