Talwars move SC for stay of prosecution in Aarushi case
The couple has challenged the order of the Allahabad High Court which has refused to stay the proceedings before a special CBI court at Ghaziabad in the sensational case.
"The appeal has been filed today in the Supreme Court seeking stay of the proceedings," Satish Tamta, counsel for the Talwar couple, told PTI.
The Allahabad High Court had yesterday dismissed their plea seeking quashing of the proceedings initiated by the lower court which not only refused the closure report of the CBI but also summoned them as accused in the case.
The High Court had said that it cannot prohibit the magistrate from taking cognisance of a case if prima facie it appears that there is sufficient evidence against a person.
Justice Balakrishna Narayana of the Allahabad High Court had dismissed the criminal revision petition of Nupur against the CBI court proceedings, saying the petition has "failed to provide any valid reason warranting the court`s intervention at this stage".
The High Court asked Nupur, who had submitted that she had been summoned despite never having been called for interrogation or having been named as an accused in the CBI`s closure report, to appear before the trial court within two weeks.
Another petition filed by Rajesh Talwar challenging bailable warrants issued by the Ghaziabad court on February 28 was dismissed by Justice Ravindra Singh.
On February 9, the Ghaziabad court had issued bailable warrants against the couple for their failure to appear before the court and to initiate proceedings against them after it had named them accused while rejecting the closure report of the CBI, which was treated as the chargesheet.
The two are expected to appear before the CBI court on Wednesday when the case has been posted for hearing.
14-year-old Aarushi was found murdered at her residence in Noida in May 16, 2008 and Hemraj`s body was recovered the following day from the same building.