Dr. Rajesh Talwar assailed the order passed by the High Court by filing Special Leave Petition Crl.
The CBI then recorded a separate first information report.
The instant two transfer petitions seeking transfer of the proceedings in Special Case No.
Hemraj had also been murdered.
Since Dr. Rajesh Talwar was the author of the first information report dated 16.5.2008, numberice of the aforesaid application came to be issued to him.
In that view of the matter, we direct the petitioner Dr. Rajesh Talwar to remain on bail.
whereby this Honble Court upheld the order dated 9.2.2011 of the Special Judicial Magistrate CBI , Ghaziabad in Special Case No.
Accordingly, a prayer was made for the closure of the case due to insufficient evidence.
On 30.5.2008, Dr. Rajesh Talwar was sent to judicial custody.
2982 of 2011 filed by Dr. Mrs. Nupur Talwar and on 9.1.2012 in the Special Leave Petition Crl.
Magistrate and certain strictures have also been passed against him as well, was also present in the Court room.
01/2011 from the Court of Special Judicial Magistrate CBI Ghaziabad, to a Court of companypetent jurisdiction at Delhi New Delhi, have been separately filed by Dr. Rajesh Talwar and Dr. Mrs. Nupur Talwar, primarily on the grounds of companyvenience and personal security.
Accordingly, on 11.7.2008, the Special Judicial Magistrate CBI Ghaziabad, ordered the release of Dr. Rajesh Talwar, on bail.
During the companyrse of hearing, learned companynsel for the petitioners raised the following companytentions on the issue of companyvenience It was submitted, that after the murder of Aarushi Talwar on the night intervening 15.5.2008 and 16.5.2008, for the petitioners to reside in the same premises where the murder of their daughter had been companymitted, had become impossible.
It is also number in dispute that the petitioner Dr. Rajesh Talwar is on bail since 2008 virtually by an order dated 11th July, 2008 and he also furnished bail bond pursuant to that order.
Before dealing with the grounds raised by the petitioners, it is necessary to briefly record the sequence of events leading to the filing of the instant transfer petitions.
However, the said warning and strictures have number affected him at all.
number 45 of 2012 and Dr. Mrs. Nupur Talwar has filed Transfer Petition Crl.
The aforesaid challenge made under Section 482 of the Code of Criminal Procedure, was rejected by the High Court on 18.3.2011.
The aforesaid rejection order dated 9.1.2012 is being extracted hereinbelow We have heard learned companynsel for the parties.
The prosecution under reference pertains to the murder of Aarushi Talwar, daughter of the two petitioners, namely, Dr. Rajesh Talwar and Dr. Mrs. Nupur Talwar, on the night intervening 15.5.2008 and 16.5.2008.
01/2011 pending before the Court of the Special Judicial Magistrate CBI Ghaziabad, U.P., to a Court of companypetent jurisdiction at Delhi New Delhi.
On the following day, i.e., on 17.5.2008, the body of Hemraj was also found on the roof of the petitioners residence.
Simultaneously, the Magistrate summoned Dr. Rajesh Talwar and Dr. Mrs. Nupur Talwar to face trial under Section 302 read with Section 34 and Section 201 read with Section 34 of the Indian Penal Code.
It appears that pursuant to the order of this Honble Court in Criminal Appeal No.
2982 of 2011.
By an order dated 9.2.2011, the Special Judicial Magistrate CBI Ghaziabad, rejected the prayer made by the CBI for closure of the case due to insufficient evidence.
On 16.5.2008, Dr. Rajesh Talwar got a first information report registered at police station, Sector 20, Noida, alleging that their domestic help Hemraj had companymitted the murder of their daughter Aarushi Talwar.
The challenge raised by the petitioners was declined by this Court vide an order dated 6.1.2012 in Special Leave Petition Crl.
number 46 of 2012.
On 27.5.2008, the Chief Judicial Magistrate, granted police custody of Dr. Rajesh Talwar till 30.5.2008.
It is understood that the petitioner has already deposited his passport and the same is lying with the Court of the learned Magistrate.
Having companycluded the investigation, the CBI filed an application purported to be an application under Section 169 of the Code of Criminal Procedure , asserting lack of incriminating evidence against Dr. Rajesh Talwar.
2981 of 2011 filed by Dr. Rajesh Talwar .
Both these petitions are being disposed of by a companymon order, because the prayers made are identical and are based on the same grounds, arising out of the same factual background.
The summoning order dated 9.2.2011 was assailed by the petitioners by filing Criminal Revision number 1127 of 2011 before the High Court of Judicature at Allahabad.
On 23.5.2008, Dr. Rajesh Talwar was arrested by the State Police.
01 of 2011 whereby companynizance was taken, the petitioner herein would appear before the Special Judicial Magistrate CBI , Ghaziabad on 4.2.2012 which, we understand, is the date fixed for hearing.
In the application it was also asserted, that further judicial custody of Dr. Rajesh Talwar was unnecessary.
On 25.1.2011, Dr. Rajesh Talwar filed a detailed protest petition.
On 29.12.2010, a closure report was submitted by the CBI before the Special Judicial Magistrate CBI Ghaziabad.
Dr. Rajesh Talwar has filed Transfer Petition Crl.
He number only interfered in the case, but also attempted to stop the companynsels for the petitioner herein from advancing their submissions.
These petitions have been filed under Section 406 of the Code of Criminal Procedure, 1973, praying for the transfer of Special Case No.
68 of 2012 titled Dr. Mrs. Nupur Talwar versus C.B.I. Delhi Anr.,
In the meantime, the petitioner shall number leave the local Police Station without obtaining the permission of the learned Magistrate.
On 24.5.2008, Dr. Rajesh Talwar was produced before the Chief Judicial Magistrate, Gautam Buddh Nagar.
Even though the matter was originally investigated by the State Police, on 29.5.2008, investigation was transferred to the Central Bureau of Investigation hereinafter referred to as the CBI .
2981 of 2011, whereas, the said order was assailed by Dr. Mrs. Nupur Talwar by filing Special Leave Petition Crl.
While dilating on the companyrt proceedings companyducted on 4.2.2012, without disclosing the identity of any particular companynsel advocate, it was averred in paragraphs 5 and 6 of the affidavit dated 24.2.2012 as under That one of the advocates, who on earlier occasion has been rebuked by the Ld.
With this order, the present Special Leave Petition is disposed of.
