The CBI on Wednesday told the Bombay High Court that Rhea Chakraborty's accusation that late actor Sushant Singh Rajput's sisters obtained a fake medical prescription for him was "mostly speculative".
Such speculation cannot be the basis of an FIR, the Central agency said in response to Rajput's sisters Priyanka Singh and Meetu Singh's petition seeking to quash the case lodged against them by Mumbai Police.
Chakraborty, Rajput's girlfriend, has alleged that a fabricated prescription was used to help him procure medicines banned under the Narcotic Drugs and Psychotropic Substances Act only a few days before his suicide in June 2020.
"The allegations in the present FIR are mostly presumptive and speculative in nature," the CBI said.
The Central Bureau of Investigation also pointed out that it is probing the complaint filed by Rajput's father K K Singh against Chakraborty and her family members for allegedly abetting the 34-year-old actor's suicide.
Rajput's sisters filed the petition through advocate Madhav Thorat on October 6 seeking that the FIR filed against them by Bandra Police here be quashed.
TheCBI said the police should have conducted preliminary enquiry before registering the First Information Report.
"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," the CBI said.
"Therefore, registration of FIR on the same facts and cause of action is both unwarranted and not allowed under law.
Thus, this FIR is vitiated and bad in law," the agency said.
If Rhea Chakraborty was aware of the mobile phone chat between Rajput and his sister Priyanka in June 2020 during which Priyanka allegedly sent him a medical prescription, then Rhea should not have kept silent till September, the CBI said.
It was conducting probe without being hindered by any external factors in an impartial manner, it said.
The police's FIR names Rajput's two sisters and a doctor of the Ram Manohar Lohia Hospital in Delhi, Tarun Kumar, who allegedly signed the medical prescription.
The HC will hear the petition on November 4.