Talwar has challenged the order of the special CBI court at Ghaziabad dated September 29, 2012, whereby permission was granted for submitting more evidences, alleging that the judgement was passed without informing her or giving her any opportunity of hearing and that the probe agency had not provided her a copy of the documents on the basis of which the aforesaid approval was obtained.
A single-judge Bench of Justice Sunil Hali directed the CBI to file its counter-affidavit on the petition, filed under Section 482 of Criminal Procedure Code (saving of inherent power of High Court) and fixed November 7 as the next date of hearing in the matter.
Aarushi (14) was found murdered inside her room on May 16, 2008 and the body of the household's domestic help Hemraj was found on the terrace a day later.
Tardy probe by the Uttar Pradesh had led to a public outcry following which the state government ordered a CBI inquiry.
The CBI submitted its closure report in December, 2010 without naming Nupur or her husband Rajesh, who was intensively grilled by the agency and taken for Narco tests and brain-mapping as suspects.
However, the special court commenced the trial holding that there was sufficient evidence against the dentist couple.
Both Nupur and Rajesh are at present out on bail.