- (1.) Heard Sri G.S. Chaturvedi, learned Senior Advocate assisted by Sri Samit Gopal, learned Counsel for the revisionist, Sri N.I. Jafri and Sri Anuraag Khanna, learned Counsel for the opposite party No. 1 and Sri D.R. Chaudhary, learned Government Advocate for the opposite party No. 2.
(2.) This applications revision has been filed by the revisionist Dr. (Mrs.) Nupur Talwar against the order dated 9.2.2011 passed by Special Judicial Magistrate (C.B.I), Ghaziabad in Special Case No. 1 of 2011 Rajesh Talwar v. Unknown under Section 302 I.P.C. P.S. S.C.B. C.B.I., Delhi by which he has taken cognizance of offences under Sections 302/34 and 201/34 I.P.C. and issued process under Section 204 of the Code of Criminal Procedure to the revisionist to face trial for the aforementioned offences.
(3.) Learned Counsel for the opposite parties have stated that they do not want to file any counter-affidavit and this application in revision may be disposed of at this stage on the basis of the materials brought on record by the revisionist. The facts of the case as stated in the affidavit filed alongwith memorandum of revision are, following the discovery of the gruesome murder of Aarushi aged about 14 years daughter of the revisionist Dr. Nupur Talwar and co-accused Dr. Rajesh Talwar, in her bedroom in the morning of 16.5.2008, a first information report of the incident was lodged by Dr. Rajesh Talwar at P.S. Sector-20, Noida at about 7.10 am on the same day, on the basis of which Case Crime No. 695 of 2008 under Section 302 I.P.C. was registered against unknown persons. The post mortem of deceased Aarushi was conducted on 16.5.2008 at about 12.00 noon. After a couple of days Hemraj the domestic help of the revisionist who was the prime suspect of the crime was also found murdered on 17th May, 2008 on the terrace of the house of Dr. Rajesh Talwar and Dr. Nupur Talwar. His post mortem conducted on 17.5.2008 at about 9.00 pm revealed that Hemraj had also been murdered about the same time as Km. Aarushi. The matter was initially investigated by the local police but subsequently vide Notification No. 1937-VI-P-3-2008-15(48) P/2008, Lucknow dated 29.5.2008, the investigation of the case was transferred to the Central Bureau of Investigation (hereinafter referred to as the C.B.I.) by the State Government. Pursuant to the matter being taken up by the C.B.I., first information report already lodged was registered as Case Crime No. RCI (S)/2008/SCR-III/CBI/New Delhi and was investigated by the C.B.I.;