Swati Maliwal assault case: Bibhav Kumar moves Delhi court challenging cognizance of chargesheet against him

The petition is currently pending before the Tis Hazari Court.

Advocate Manish Baidwan, representing Kumar, moved the revision petition, which is, set to be heard by an Additional Sessions Judge on November 16. The matter was adjourned during the previous hearing at the request of a proxy counsel.

On July 30, the Tis Hazari Court had taken cognizance of the charge sheet filed against Kumar. The Delhi Police had submitted the charge sheet on July 16, in connection with the alleged assault on Swati Maliwal at the residence of the Delhi Chief Minister.

It is submitted that Trial Court while passing the Impugned Order failed to apply its mind much less judicial mind and went on passing the Impugned Order in a mechanical manner without considering/appreciating the relevant law and without following the procedure mentioned in BNSS, the plea said.

The petition has stated that the Trial Court has committed a grave illegality by following the procedure under old Cr.P.C. mentioned in section 190 (1) (b) Cr.P.C. at the time of taking cognizance in the present case as. on 01.07.2024, the new CLP.C. i.e. Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS') has come into force.

The Ld. Trial Court should have followed the procedure at the time of taking cognizance in the present case which is mentioned 'in section 210 of BNSS as chargesheet in the present matter has been filed in the Trial Court on 16. 07.2024, the plea said.

It is further stated that the Trial Court, after taking the cognizance, is still following the procedure under old Cr.P.C. which is reflected from the fact that copies of the chargesheet and other documents are being supplied to the accused under section 207 Cr.P.c. as reflected in order dated 07.10.2024 and 15.10.2024.

Thus, order of cognizance dated 30.07.2024 passed by the Ld. Trial Court and subsequent orders passed during the further proceedings are also bad in law, the plea stated.

Kumar, who was arrested on May 18, has been granted bail in the matter. The cognizance of the charge sheet was taken by Judicial Magistrate First Class Gaurav Goyal.

The Delhi Police has invoked multiple sections of the Indian Penal Code (IPC) in the charge sheet, including Sections 308, 354, 354B, 506, 509, 341, and Section 201. As part of the evidence, the police have seized Kumar's mobile phone, sim card, and the DVR/NVR from the CCTV cameras installed at the Chief Minister's residence.

The charge sheet, which is 500 pages long, includes testimony from 100 witnesses, with 50 of them being named in the case. The alleged assault incident occurred on the morning of May 13 at the Chief Minister's residence.(ANI)