Allahabad:
The Allahabad High Court today dismissed Nupur and Rajesh Talwar's plea for staying the summons issued by a special CBI court in Ghaziabad, thus paving the way for the duo to be tried for the murder of their teenage daughter Aarushi Talwar.
"There is no provision for prohibiting a magistrate from summoning a person if prima facie it appears that there is sufficient evidence against the person," Justice Balakrishna Narayana said, passing the order on Nupur Talwar's petition.
The judge further said the lower court's order to make the duo an accused in the case and issue summons was a well-considered order.
The Court has now directed Nupur Talwar to appear before the lower court within two weeks and apply for bail.
"She might move her bail application there itself and the same may be decided on the same day itself," the court observed.
Her husband Rajesh's petition, challenging the bailable warrants issued by the Ghaziabad court, too was rejected. He has now been asked to appear before the court on March 22 to procure bail.
Nupur Talwar had earlier filed a criminal revision petition in the Allahabad High Court. The petition says that the Central Bureau of Investigation (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.
She had also filed a fresh affidavit in the court giving more evidence against Krishna - one of the three domestic help arrested earlier by the CBI - claiming that this evidence was not taken into account by the CBI.
During the hearing in the High Court, Nupur's lawyers argued that since she was never an accused at any stage of the investigation, the CBI court in Ghaziabad was wrong in first summoning her and then making her face a trial for the double murder.
The Talwars wanted the High Court to strike down the order passed by the Ghaziabad court and direct the investigating agency for further investigation into the death of their daughter and their domestic help Hemraj.
The CBI court had, on February 9, directed the investigating agency to prosecute the Talwars for the murder of their 13-year-old daughter Aarushi and their domestic help Hemraj. They were also accused of criminal conspiracy and destruction of evidence.
The court's order came after the CBI had recently submitted its closure report pointing fingers at the parents though it maintained there was no conclusive evidence.
The CBI court, however, decided to proceed with the trial against the couple observing that there was "enough evidence" against them.
Aarushi was found dead inside her Noida residence in May 2008 with her throat slit and the body of the domestic help Hemraj was recovered later from the terrace.
(With PTI Inputs)
"There is no provision for prohibiting a magistrate from summoning a person if prima facie it appears that there is sufficient evidence against the person," Justice Balakrishna Narayana said, passing the order on Nupur Talwar's petition.
The judge further said the lower court's order to make the duo an accused in the case and issue summons was a well-considered order.
The Court has now directed Nupur Talwar to appear before the lower court within two weeks and apply for bail.
"She might move her bail application there itself and the same may be decided on the same day itself," the court observed.
Her husband Rajesh's petition, challenging the bailable warrants issued by the Ghaziabad court, too was rejected. He has now been asked to appear before the court on March 22 to procure bail.
Nupur Talwar had earlier filed a criminal revision petition in the Allahabad High Court. The petition says that the Central Bureau of Investigation (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.
She had also filed a fresh affidavit in the court giving more evidence against Krishna - one of the three domestic help arrested earlier by the CBI - claiming that this evidence was not taken into account by the CBI.
During the hearing in the High Court, Nupur's lawyers argued that since she was never an accused at any stage of the investigation, the CBI court in Ghaziabad was wrong in first summoning her and then making her face a trial for the double murder.
The Talwars wanted the High Court to strike down the order passed by the Ghaziabad court and direct the investigating agency for further investigation into the death of their daughter and their domestic help Hemraj.
The CBI court had, on February 9, directed the investigating agency to prosecute the Talwars for the murder of their 13-year-old daughter Aarushi and their domestic help Hemraj. They were also accused of criminal conspiracy and destruction of evidence.
The court's order came after the CBI had recently submitted its closure report pointing fingers at the parents though it maintained there was no conclusive evidence.
The CBI court, however, decided to proceed with the trial against the couple observing that there was "enough evidence" against them.
Aarushi was found dead inside her Noida residence in May 2008 with her throat slit and the body of the domestic help Hemraj was recovered later from the terrace.
(With PTI Inputs)
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