REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.68 OF 2012 ARISING OUT OF Special Leave to Appeal (Crl) No(s).2982/2011 Dr. MRS. NUPUR TALWAR ... APPELLANT(S)

VERSUS C.B.I., DELHI & ANR. ... RESPONDENT(S)

J U D G M E N T

GANGULY, J.

1. We have heard learned counsel for the parties.

2. Leave granted.

3. The subject matter of challenge before this Court is an order dated 18^th March, 2011 of the Allahabad High Court whereby the High Court on a petition under Section 397/401 of the Criminal Procedure Code (hereinafter ‘Code’) challenging the order dated 9^th February, 2011 passed by Special Judicial Magistrate (CBI), Ghaziabad in Special Case No.01 of 2011 (Rajesh Talwar Vs. Unknown under Section 302, I.P.C. P.S. S.C.B. C.B.I., Delhi) refused to interfere with Magistrate’s order of taking cognizance.

4. By the said order dated 9^th February, 2011, the Magistrate had taken cognizance of the offences under Sections 302/34 and 201/34 I.P.C. against the appellant and one Dr. Rajesh Talwar. The concluding portion of the order of the Magistrate is:-

“While rejecting the conclusion given in the Final Report by the Investigating Officer, cognizance on the bas