Delhi Court Seeks Police Response On Bibhav Kumar’s Petition Challenging Charge Sheet

Delhi’s Tis Hazari Court has issued a notice to the Delhi Police on a revision petition filed by Bibhav Kumar, challenging the cognizance of the charge sheet against him.

Additional Sessions Judge Abhishek Goyal has sought a response from the police, scheduling the matter for hearing next month.

Advocates Manish Baidwan, Rajat Bhardwaj, and Karan Sharma appeared on behalf of Kumar. Baidwan argued that the Trial Court erred in its approach, claiming it mechanically passed the cognizance order without applying relevant legal procedures under the new Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.

The petition emphasized that the Trial Court followed outdated procedures under the old Criminal Procedure Code (Cr.P.C.) instead of adhering to Section 210 of BNSS, which came into effect on July 1, 2023. The charge sheet in Kumar’s case was filed on July 16, after the BNSS implementation.

“The Trial Court should have followed the procedure under Section 210 of BNSS at the time of cognizance. Instead, it relied on the old Cr.P.C. provisions, such as Section 190 (1)(b), and continued supplying documents under Section 207 Cr.P.C.,” the plea stated.

The petition also challenged the validity of the Trial Court’s order dated July 30, which took cognizance of the charge sheet. “Subsequent orders during proceedings are similarly flawed,” it argued.

The case against Kumar stems from an alleged incident on May 13 at the Chief Minister’s residence, linked to the assault of Delhi Commission for Women Chairperson Swati Maliwal. Kumar, who was arrested on May 18, is currently out on bail.

On July 16, the Delhi Police filed a 500-page charge sheet in the Tis Hazari Court, invoking multiple sections of the IPC, including Sections 308 (attempt to commit culpable homicide), 354 (outraging modesty), 354B (assault to disrobe), 506 (criminal intimidation), 509 (insulting modesty of a woman), 341 (wrongful restraint), and 201 (causing disappearance of evidence).

The police examined 100 individuals, with 50 listed as witnesses. Evidence submitted includes Kumar’s mobile phone, SIM card, and DVR/NVR footage from CCTV cameras installed at the CM’s residence.

The case continues to unfold as the court deliberates over Kumar’s plea, raising questions about procedural compliance and the handling of charges under the updated BNSS framework.

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