CBI vetoes Nupur plea for proof perusal

Nupur Talwar

Nupur Talwar

The CBI on Thursday submitted before the Supreme Court that Dr Nupur Talwar could not seek appreciation of evidence to claim innocence in the Arushi Talwar murder case at the stage of issue of summons itself.

CBI counsel Siddharth Luthra said the magistrate is only required to take a cursory look at the evidence on record while issuing process after the filing of the final report by an investigating agency.

He said if Nupur wants to scrutinise evidence to challenge the summons, it is a matter of defence which she can put up at the stage of trial. He stressed that evidence could not even be put to scrutiny during the framing of charges.

If the doctor who conducted the autopsy had given several statements, he could be cross-examined during the trial, Luthra submitted before a bench comprising Justice A.K. Patnaik and Justice J.S. Khehar.

He said the magistrate was not required to pass a detailed order while taking cognisance and issuing process against the accused.

On Justice Patnaik questioning the detailed order passed by the magistrate in the case, Luthra pointed out that the magistrate had also disposed of an application by the Talwars seeking a direction for further probe.

He added that this was a unique case where the informant had turned out to be the accused and the closure was challenged.

'What does the magistrate do? If the magistrate had not passed a detailed order on his application for further probe, he would have come here,' he said

 


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