Mumbai: The Bombay High Court has quashed an FIR against a city doctor lodged by her sister-in-law for alleged use of her late husband’s (the doctor’s brother) SIM card and selling his movable property without consent. The court said that using the late brother’s SIM “by itself will not constitute or amount to commission of the offence”. It also remarked that prima facie the criminal proceedings arose solely out of family differences.
The FIR was lodged against one Dr Heena Shaikh by her sister-in-law Rumana. Alleging breach of trust, Rumana approached the police in April 2020 after her husband Ashfaque succumbed to the Covid-19 pandemic. As per her complaint, Dr Shaikh used the deceased’s SIM card after his death, blocked it and returned it to her.
No offence could be inferred against Shaikh, says Shaikh's lawyer
Dr Shaikh’s advocate Vinay Nair argued that even if the prosecution case is presumed to be true at its face value, no offence could be inferred against Shaikh.
Rumana’s advocate SA Shaikh and additional public prosecutor KV Saste opposed the plea, contending the offence was committed by the petitioner at two stages. First was of her having common intention with the other co-accused in disposing of the movables and not giving the income generated to Ashfaque’s widow. Second is that of “illegal use of the SIM”, and returning it when blocked.
The court, however, noted that the FIR does not disclose any offence against Shaikh. “Once the FIR does not disclose any offence against the petitioner, the continuance of the criminal proceedings against the petitioner who is a doctor would amount to abuse of process,” the HC said, quashing the FIR on August 17.
