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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.

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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 rej