Thaindian News

New Delhi, Mar 19 (ANI): A day after the Allahabad High Court dismissed petitions filed Dr. Rajesh and Dr. Nupur Talwar against a summon issued by a CBI court, the dentist couple on Saturday moved the Supreme Court seeking stay of criminal proceedings against them in the murder of their teenage daughter Aarushi and domestic help Hemraj.

The couple has challenged the order of the Allahabad High Court, which has refused to stay the proceedings before a special CBI court at Ghaziabad in the sensational case.

“The appeal has been filed today in the Supreme Court seeking stay of the proceedings,” said Satish Tamta, counsel for the Talwar couple.

The Allahabad High Court had on Friday dismissed their plea seeking quashing of the proceedings initiated by the lower court which not only refused the closure report of the CBI, but also summoned them as accused in the case.

In her petition, Nupur Talwar had challenged the 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.

The Allahabad High Court, which rejected Rajesh Talwar’s petition, 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.

A special CBI court in Ghaziabad on February 28 issued bailable warrants against the dentist couple in connection with the murder case.

The court also rejected their plea for exemption from personal appearance before the magistrate.

The court had earlier on February 9, rejected the agency’s closure report in the double murder case and made them accused on charges of murder, destruction of evidence and common intention to commit the crime.

Talwars were charged under Sections 302, 201 and 34 of the Indian Penal Code (IPC).

On February 9, the CBI court had directed the investigating agency to prosecute the Talwars for the murder of 13-year-old Aarushi and Hemraj. They were also accused of criminal conspiracy and destruction of evidence.

The CBI court had given its orders following submission of a closure report by the CBI, which named Aarushi’s father Rajesh Talwar as the prime accused, but said he could not be prosecuted due to lack of evidence.

Aarushi (14) was found murdered under mysterious circumstances in her parents’ Jalvayu Vihar apartment in Noida on May 16, 2008. The next day, their domestic help, Hemraj’s body was found on the flat’s terrace. (ANI)