RAJESH TALWAR Vs. C B I

JUDGEMENT

(1.) THIS application (under section 482 Cr.P.C.) has been moved by the applicant Dr. Rajesh Talwar with a prayer to quash the order dated 18.2.2011 passed by the learned Judicial Magistrate (C.B.I.) Ghaziabad in Special Case No. 01 of 2001, (New No. 130 of 2011) C.B.I, v. Dr. Rajesh Talwar and another under sections 302/34 and 201/34 I.P.C. P.S. SCB (C.B.I.) Delhi by which bailable warrant of Rs.20,000.00 has been issued against the applicant.

(2.) THE facts in brief of this case are that the F.I.R. of this case has been lodged by the applicant on 16.5.2008 at 7.10 a.m. at P.S. Sector -20 district Gautam Budh Nagar vide case crime No. 8970969508 in respect of the incident allegedly occurred in the night of 15/16.5.2008 at unknown time inside the house of the applicant in which Km. Arushi, aged about 14 years, the daughter of the applicant was killed, the suspected accused was Hemraj, the servant of the applicant.

(3.) DURING the pendency of the judicial custody, applicant moved a bail application, the same was rejected by the Special Judicial Magistrate (CBI) on 10.6.2008 after considering the merits of the case. Thereafter, the I.O. of the C.B.I, filed an application dated 11.7.2008 under sections 169 Cr.P.C. mentioning therein that the applicant was arrested on 23.5.2008 subsequently, following expiry of his police remand, he was remand to judicial custody up to 11.7.2008 vide order dated 2.7.2008. The investigation of this case is still pending and all the facts and circumstances are being investigated the role of the applicant was thoroughly investigated regarding the aforesaid crime, during investigation poly report test, phychological analysis test of the applicant was conducted and no deception have been found in the test reports. Clothes, shoes, and finger palm/foot print of the applicant were forwarded/submitted to C.F.S.L. New Delhi for examination of expert opinion, the Scientific examination result could not connect the applicant Rajesh Talwar with the crime, in view of the above circumstances further judicial custody of accused Rajesh Talwar. is not required in the interest of justice, therefore, judicial custody remand of the accused Rajesh Talwar may not be extended. The application dated 11.7.2008 filed by the C.B.I, has been allowed by the Special Judicial Magistrate C.B.I. Ghaziabad on 11.7.2008 by releasing the applicant from the judicial custody on furnishing personal bond of Rs. 5 lacs and two sureties of the like amount. In compliance of the order dated 11.7.2008, the applicant was released from jail on furnishing a personal bond and two sureties as required. The investigation was carried on by the C.B.I, who after completing it, submitted the closure report dated 29.12.2010 before the Special Judicial Magistrate (CBI), Ghaziabad with a prayer that in view of the shortcoming in the evidence mentioned in the closure report, it was felt that sufficient evidence was not available to prove the offence under section 302/201 I.P.C. against the applicant Dr. Rajesh Talwar beyond reasonable doubt, therefore, it was prayed that the case may be allowed to be closed, due to insufficient evidence. Against the closure -report dated 29.12.2010 a detailed protest petition date 28.1.2011 was filed before the Special Magistrate C.B.I, by the applicant with a prayer to reject the closure report filed by the C.B.I, under section 173(2) Cr.P.C. wherein the C.B.I has sought to close the case and the order of further investigation may be passed so that the culprits involved in this heinous crime may be apprehended and may be tried. Thereafter the learned Special Judicial Magistrate (C.B.I.) Ghaziabad after hearing counsel for the parties rejected the closure report filed by the C.B.I, in exercise of powers conferred under section 190(1)(b) of Cr.P.C. and summoned the applicant and co -accused Dr. Noopur Talwar for the offence punishable under sections 302/34,201/34IPC and the date of their appearance was fixed on 28.2.2011. On 28.2.2011 the application under section 205 Cr.P.C. was filed on behalf of the applicant with a prayer to exempt him from the personal appearance. Application dated 28.2.2011 was rejected by learned Special Judicial Magistrate (CBI) Ghaziabad and issued bailable warrant of Rs. 20,000.00 fixing 22.3.2011 as the next date. The impugned order dated 28.2.2011 issuing the bailable warrant has been challenged by the applicant by way of filing the present application under section 482 Cr.P.C.