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There's some hope for Nupur.

THE framing of charges will mark the beginning of trial in the Arushi Talwar A talwar, talwaar, or tulwar (Devanagari: तलवार) is a type of sword prevalent in medieval India dating back to at least the 13th century. It bears a resemblance to the Persian shamshir and the Turkish kilic.  murder case but her mother Nupur has a chance of walking free before facing the trial.

The Supreme Court ( SC) has reserved its order on whether Nupur had been rightly summoned in the case by the Ghaziabad magistrate after taking cognisance COGNISANCE, pleading. Where the defendant in an action of replevin (not being entitled to the distress or goods which are the subject of the replevin) acknowledges the taking of the distress, and insists that such taking was legal, not because he himself had a right to distrain on his own  of the final report filed by the CBI CBI
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CBI Confederation of British Industry

CBI n abbr (= Confederation of British Industry) → C.E.O.E.
. If the SC allows Nupur's plea, subsequent proceedings leading to the framing of charges would be a nullity nullity n. something which may be treated as nothing, as if it did not exist or never happened. This can occur by court ruling or enactment of a statute. The most common example is a nullity of a marriage by a court judgment.


Such a rare situation has arisen because a bench comprising Justices A. K. Patnaik and J. S. Khehar had agreed to consider Nupur's review petition but refused to stay the ongoing proceedings before the trial court.

Nupur, who seemed to be out of the CBI scanner during the investigation, was summoned by the magistrate after the CBI filed its final report.

She, however, challenged the summons before the Allahabad High Court and before the apex court after the high court refused to interfere.

A bench comprising Justices A. K. Ganguly and Khehar dismissed her petition on January 6. Nupur, however, filed a review petition.

Justice Patnaik replaced Justice Ganguly, who had retired by the time the review came up for consideration. The new bench decided to have a relook and reserved its order after a marathon hearing.

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Publication:Mail Today (New Delhi, India)
Date:May 25, 2012
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