NUPUR TALWAR Vs. CENTRAL BUREAU

JUDGEMENT

(1.) I have carefully read the order of my learned brother Khehar, J. and I agree with his conclusion that this Review Petition will have to be dismissed, but I would like to give my own reasons for this conclusion.

(2.) AS the facts have been dealt with in detail in the order of my learned brother, I have not felt the necessity of reiterating those facts in my order, except stating the following few facts: The Magistrate by a detailed order dated 09.02.2011 rejected the closure report submitted by the CBI and took cognizance under Section 190 Cr.P.C. and issued process under Section 204, Cr.P.C. to the petitioner and her husband, Dr. Rajesh Talwar, for the offence of murder of their daughter Aarushi Talwar and their domestic servant Hemraj on 16.05.2008 under Section 302/34 IPC and for the offence of causing disappearance of evidence of offence under Section 201/34 IPC. The order dated 09.02.2011 of the Magistrate was challenged by the petitioner in Criminal Revision No.1127 of 2009 before the High Court of Judicature at Allahabad, but the High Court dismissed the Criminal Revision by order dated 18.03.2011. The order of the High Court was thereafter challenged by the petitioner in S.L.P. (Crl.) No.2982 of 2011 in which leave was granted by this Court and the S.L.P. was converted to Criminal Appeal No.16 of 2011. Ultimately, however, by order dated 06.01.2011, this Court dismissed the Criminal Appeal and the petitioner has filed the present Review Petition against the order dismissing the Criminal Appeal.

(3.) SUB -section (1) of Section 204 Cr.P.C. under which the Magistrate issued the process against the petitioner is extracted hereinbelow: