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Arushi murder case: HC stays proceedings

Justice Sudhir Agarwal directed the CBI to file it's reply in response to a petition filed by Dr Rajesh Talwar

lucknow Updated: Jun 28, 2013 11:49 IST
Rajesh Kumar

The Allahabad high court on Thursday stayed further proceedings of sessions trial of Arushi Talwar murder (CBI vs Dr Rajesh Talwar and another) case pending before the court of additional sessions judge, CBI court, Ghaziabad till July 2.

Passing the above directive, justice Sudhir Agarwal directed the Central Bureau of Investigation (CBI) to file its reply (counter affidavit) in response to a petition filed by Dr Rajesh Talwar and Dr Nupur Talwar in Arushi Talwar murder case. The court fixed July 2 for next hearing of the case.

The doctor couple, who are parents of Arushi, had moved the petition requesting the court to direct CBI to produce before the court the report of brain maping test. They had also requested the court to direct CBI court, Ghaziabad to summon their witnesses before it. Earlier, on June 18, the CBI court, Ghaziabad had rejected the application of the doctor couple seeking production of report of brain maping and also summoning of witnesses.

When the case was taken up, the counsel for the doctor couple contended that the trial court had rejected the request of application to summon such documents on wholly impermissible grounds. For example, in regard to sound simulation test report, the CBI court had observed that such document is merely an expert’s opinion and will not affect right of the accused, though this is not a reason that empowers trial court to reject such application of accused to summon document. It is contended that an expert’s opinion is evidence under Evidence Act and the trial court cannot reject the same under section 233 (3) of Criminal Procedure Code. However, counsel for CBI Anurag Khanna contended that these documents were not required at all and the application of doctor couple had rightly been rejected by the CBI court. He said that this petition had been filed only to prolong the trial, which has entered a crucial stage.

After hearing both sides, the court said, “Prima facie, I find substance and the matter requirs consideration”.

Passing the above directive, the court made it clear that no further adjournment would be sought by the parties. The parties also agreed for the same.

Notably, Arushi Talwar, a minor girl, was found murdered in her house at Ghaziabad. Her father Dr Rajesh Talwar had lodged an FIR alleging that his servant Hemraj had killed her daughter and run away. Later, the dead body of the Hemraj was also recovered from the residence of Dr Talwar. This incident rocked the state and Uttar Pradesh police started investigating the case. During the investigation, the police found that Dr Rajesh Talwar was the main accused in these murder cases. However, later on, the matter was handed over to the Central Bureau of Investigation (CBI). The CBI recently submitted closure report before the court.