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Irregularities which vitiate proceeding

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      Giga
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      Nuper Talwar v. Central Bureau Investigation and another.(2013 (1) SCJ 243)

      A.K.PATTANAIK AND JAGDISH SINGH KEHAR, JJ.

      Secs 204, 209, 461 and 465

      Issue of summons – Irregularities which vitiate proceeding

      Dr. Rajesh Talwar lodged FIR with the police complaining death of his daughter – Two days
      after, body of Hemraj recovered from the terrace of same house – Investigation handed over to CBI on the murder – CBI submitted closure report after investigation –Magistrate issued notice to Dr. Rajesh Talwar – Protest petition filed objecting the closure report submitted by CBI –Magistrate rejected closure report and also rejected the prayer made in protest petition for further investigation –Magistrate summoned Dr. Rajesh Talwar and his wife for committing the murders and for tampering evidence –Revision petition filed before High Court challenging summoning order High Court dismissed revision petition –Matter carried to Supreme Court , which dismissed SLP –Review petition filed – Held an order delineating reasons cannot be faulted on the ground that it has occasioned failure of justice –Authority of Magistrate was limited to taking cognizance and issuing process – Magistrate adopted more reasonable course ,though the same was more ponderous ,cumbersome and time consuming – Magistrate fully justified in issuing process –possible defences of an accused need not be taken into consideration at the time of issuing process –Very filing of review petition was wholly uncalled for.

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