Giving the green signal to the lower court to conduct the trail against dentist couple Rajesh and Nupur Talwar in defamed Arushi's murder case, the Supreme Court of India today stated that there was nothing wrong in the magistrate's order who took cognisance against them and issued summon to face the trial.
Rejecting the petition of Talwar couple, a bench of justices A.K. Ganguly and J.S. Khehar said, "We dismiss the appeal," as the magistrate of the lower court had applied his mind and must have found 'something' in CBI's closure report.
The couple had filled a petition on 19th March 2011 in the apex court seeking stay from Allahabad High Court's order, which too had rejected the petition of the Talwar Couple to quash the trail against them which the Ghaziabad trial court had order to put them on trial on 9th February 2011.
The couple had approached to the Allahabad High court on 18th March 2011 seeking stay on trail's court order to put them on trial.
The magistrate of the trial court, after suddenly closing the case by CBI, took cognisance of the case and summoned Talwars on 9th February 2011.
As it is known that the Ghaziabad trial court had rejected the CBI closure report, saying that there was enough prima facie material in the agency's report to put the couple on trial.
Arushi Talwar, the 14-year old daughter of Talwar couple was found murdered on her Noida residence on 16th May 2008. A day later, Hemraj, a nepali domestic helper's dead body was also recovered by the local police from the terrace of Talwar residence.
First, local police began the investigation but later on 29th May 2008, the case was handled to CBI, which made Rajesh Talwar the prime accused.
But, after investigating two and half year, the investigating agency filled a closure report before the CBI court citing that agency had not enough evidence against Rajesh Talwar to put him on trial.