Swati Maliwal assault case: Court seeks police's response on Bibhav Kumar's plea challenging cognizance taken against him

New Delhi: Delhi's Tis Hazari Court on Saturday issued notice to Delhi police on Bibhav Kumar's revision petition challenging the cognizance of the charge sheet filed against him. His matter is pending before the Court.
Additional Sessions Judge Abhishek Goyal issued a notice to Delhi Police and sought a response to the petition. The matter has been listed next month for a hearing.
Advocates Manish Baidwan, and Rajat Bhardwaj along with Karan Sharma appeared for Bibhav Kumar. Advocate Manish Baidwan has moved the revision petition challenging the Cognizance.
It is submitted that the Trial Court while passing the Impugned order failed to apply its mind much less and went on passing the order in a mechanical manner without considering the relevant law and without following the procedure mentioned in BNSS.
The petition has stated that the Trial Court has committed a grave illegality by following the procedure under the old Cr.P.C. mentioned in section 190 (1) (b) Cr.P.C. at the time of taking cognizance in the present case. On July 1, the new CLP.C. i.e. Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS') came into force.
"The 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 July 16," 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 in the fact that copies of the charge sheet and other documents are being supplied to the accused under section 207 Cr.P.c. as reflected in the order dated October 7 and 15.
"Thus, an order of cognizance dated July 30, passed by the Ld. Trial Court and subsequent orders passed during the further proceedings are also bad in law," the plea stated.
On July 30, Tis Hazari court took cognizance of the charge sheet filed against Bibhav Kumar. On July 16 Delhi Police filed a charge sheet against him in the Swati Maliwal assault in Tis Hazari Court. Bibhav Kumar is on bail in the matter. He was arrested on May 18.
Judicial Magistrate First Class Gaurav Goyal had taken the Cognizance of the charge sheet.
Delhi police have invoked Section 308, 354, 354 B, 506, 509, 341, IPC and Section 201 of IPC has been added to the charge sheet.
As evidence, police have annexed Bibhav Kumar's Mobile phone, sim card, and DVR/NVR of the CCTV camera installed at CM's residence.
The Delhi police charge sheet has 500 pages. Delhi Police 100 people were examined and 50 were made Witnesses. The alleged incident is of the morning of May 13 took place at CM's residence.