Allahabad HC rejects Talwars' plea
The Allahabad high court on Friday dismissed petitions filed by dentist couple Rajesh and Nupur Talwar against a summon issued by a CBI court and the legal proceedings initiated against them in the Aarushi-Hemraj double murder case.delhi Updated: Mar 18, 2011 23:40 IST
The Allahabad high court on Friday dismissed petitions filed by dentist couple Rajesh and Nupur Talwar against a summon issued by a CBI court and the legal proceedings initiated against them in the Aarushi-Hemraj double murder case.
The CBI court in Ghaziabad had named the couple as accused in the case. While 14-year-old Aarushi's body was found at her parents' residence in Noida on May 16, 2008, their domestic help Hemraj Banjade was found dead the next day in the same building.
In her petition, Nupur Talwar had challenged the Central Bureau of Investigation (CBI) court summons dated February 9, 2011, which ordered her to appear in the case.
Dismissing the petition, justice BK Narayan observed that the court summons was not liable to be set aside as it was issued on the basis of material and evidence collected by the CBI in the case.
However, the court said that if Nupur Talwar appeared before the CBI court, Ghaziabad, within two weeks, the court might consider her bail application the same day.
In another petition, Rajesh Talwar had challenged a CBI court order dated February 28, 2011, in which the court observed that he was not on regular bail and a bailable warrant had been issued against him.
Dismissing the Rajesh Talwar's petition, justice Ravindra Singh observed that there was nothing illegal in the CBI court issuing the bailable warrant order against him for his non-appearance in the CBI court despite summons.
The CBI court had passed the bailable warrant order against Rajesh Talwar while rejecting the personal exemption application filed by him.
The CBI court has summoned the dentist couple under Section 302 (murder), Section 34 (common intention) and Section 201 (offence of eliminating evidence) of the Indian Penal Code.
The special judge CBI had summoned them while hearing the closure report submitted by the CBI in the case.
The court had rejected the closure report and made the couple accused in the case.