Allahabad: The Allahabad High Court, Friday, will pronounce its verdict on a petition filed by Rajesh Talwar, challenging the bailable warrant against him issued by the Ghaziabad Central Bureau of Investigation (CBI) court in the Aarushi-Hemraj double murder case.
Dr Talwar, the prime accused in the case and had filed the petition on March 10.
Earlier, on March 15 single judge bench of Justice Ravindra Singh heard the arguments on Rajesh’s plea and deferred it for March 18. The court said the issue of bailable warrant could be decided only after ascertaining the fact whether the bail was regular or irregular.
The counsel for Dr Talwar argued that the bailable warrant was uncalled for as the accused was already out on bail.
Rajesh had challenged the February 28 order of the special Ghaziabad court that stayed the bail granted to him by the same court on July 11, 2008. Terming that the bail grant as "irregular", the court issued a bailable warrant that Rajesh has now challenged before the High Court.
The Ghaziabad court had issued the warrant against the dentist as he had neither appeared before the court on February 28 nor challenged its order.
The Allahabad High Court will also deliver its verdict on a criminal revision petition filed by Aarushi’s mother Nupur Talwar. The petition says that the CBI conducted a half-hearted and incomplete investigation into the case and that, scientific methods of criminal investigation like 'touch DNA' were not adopted to build or gather evidence against the accused.
The High Court on March 09 had reserved its judgement on the criminal revision petition filed by Nupur Talwar, challenging the Ghaziabad court verdict for making the dentist couple the main accused in the murder case.
The CBI filed a closure report in the case in December 2010. The Ghaziabad court ordered February 09 that the Talwars be charged with murder, destruction of evidence and criminal conspiracy. They were charged under Sections 302, 201 and 34 of the Indian Penal Code (IPC).
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.
Fourteen-year-old Aarushi, a Class 9 student of the Delhi Public School, Noida, was found murdered at her parents' apartment in Noida May 16, 2008.
The family's servant Hemraj was initially suspected for the killing but his body too was found on the flat's terrace the following day.
First Published: Friday, March 18, 2011, 13:00