Talwars move SC against Allahabad HC order

Allahabad HC held Aarushi`s parents accused in the 2008 double murder case.

Last Updated: Mar 19, 2011, 13:55 PM IST

New Delhi: Dentist couple Rajesh and
Nupur Talwar on Saturday approached the Supreme Court seeking stay
of criminal proceedings against them in the case of murder of
their daughter Aarushi and domestic help Hemraj in 2008.

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," Satish Tamta, counsel for
the Talwar couple, said.

The Allahabad High Court had yesterday 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.

The High Court had said that it cannot prohibit the
Magistrate from taking cognisance of a case if prima facie it
appears that there is sufficient evidence against a person.

Justice Balakrishna Narayana of the Allahabad High
Court had dismissed the criminal revision petition of Nupur
against the CBI court proceedings, saying the petition has
"failed to provide any valid reason warranting the court`s
intervention at this stage".

The High Court asked Nupur, who had submitted that she
had been summoned despite never having been called for
interrogation or having been named as an accused in the CBI`s
closure report, to appear before the trial court within two
weeks.

Another petition filed by Rajesh Talwar challenging
bailable warrants issued by the Ghaziabad court on February 28
was dismissed by Justice Ravindra Singh.

On February 9, the Ghaziabad court had issued bailable
warrants against the couple for their failure to appear before
the court and to initiate proceedings against them after it
had named them accused while rejecting the closure report of
the CBI, which was treated as the chargesheet.

The two are expected to appear before the CBI court
on Wednesday when the case has been posted for hearing.

14-year-old Aarushi was found murdered at her
residence in Noida in May 16, 2008 and Hemraj`s body was
recovered the following day from the same building.

PTI