RAJESH TALWAR Vs. CB I

JUDGEMENT

(1.) Heard Ms. Rebecca M. John, learned Senior Counsel assisted by Vikram D. Chauhan, learned counsel for the applicants, Sri Anurag Khanna, learned counsel for the C.B.I. and learned Government Advocate for the State.

(2.) Present application under Section 482 Cr.P.C., has been filed for quashing of the order dated 04.05.2013 passed by Additional Sessions Judge/Special Judge (Anti-Corruption) CBI, Ghaziabad in Sessions Trial No.477 1518 Dr. Rajesh Talwar v. C.B.I. (Allahabad) of 2012 in the matter of C.B.I. v. Dr. Rajesh Talwar & another, whereby application of the accused-applicants herein, under Section 311 Cr.P.C., read with Section 165 Evidence Act has been rejected by the learned trial Judge.

(3.) The applicants herein are facing trial for the charges of committing murders of their own daughter Arushi and of their domestic help Hemraj, in their house. The crime was investigated both by local police as well as C.B.I. Initially a closure report was submitted before the Magistrate, who after perusing the entire material contained in the case diary submitted along with the closure report disagreed with the closure report and has summoned the applicants to face trial for the double murder. After committal of the case, presently the trial is pending before Additional Sessions Judge/ Special Judge (Anti Corruption) C.B.I. Ghaziabad as Sessions.