The investigating agency, which had assured the court not to arrest her during the pendency of her plea, submitted that the apex court should not entertain it as it is for the trial court to appreciate the evidences against her and pass appropriate order.
The allegation by the CBI was made in a response filed on Nupur's petition seeking review of apex court order of allowing her prosecution in the case.
In a dramatic turn of events, the CBI, which had raided Nupur's residence after issuance of non-bailable warrant against her, had told the Supreme Court on April 13, that it would not arrest her during the pendency of her plea.
The CBI had carried out searches at her premises in Delhi and neighboring Noida on April 11 following the warrant issued against her, but had not been able to locate her.
Nupur and her husband Rajesh Talwar, also a dentist, are facing trial in the nearly four-year-old twin murder case of their daughter and domestic help.
Aarushi was found dead with her throat slit at their Noida residence on the night intervening May 15 and 16, 2008, while the body of Hemraj was recovered from the terrace of the house the next day.