Swati Maliwal assault case: Court rejects Bibhav Kumar's plea against cognizance taken against him

New Delhi [India], January 29 : Delhi's Tis Hazari court on Wednesday dismissed the revision of Bibhav Kumar challenging an order of cognizance taken against him in a case filed by Aam Aadmi Party MP Swati Maliwal.
Another revision of Bibhav Kumar has also been dismissed which had challenged the committal of his case to the court of Session for further proceedings.
The court has also dismissed the revision of Delhi Police against the court order directing it to supply un-relied documents to Bibhav Kumar.
Additional Sessions Judge (ASJ) Raj Kumar dismissed all three revision petitions through a common order.
In one of the revisions, Bibhav Kumar had assailed the orders dated July 30, 2024, whereby, the cognizance of the offence was taken by Tis Hazari Court.
In the second revision, Bibhav Kumar had assailed the orders dated March 12, 2024, passed by the Magistrate court at Tis Hazari whereby, the main Sessions Case was committed to the court of Sessions by the Magistrate.
The grievance of the revisionist/ accused in Criminal Revision was that the trial court committed the case to the court of Sessions without complying with the provisions of Section 207/208 of the Cr.P.C.
In the third revision, Delhi Police challenged the orders of October 22, 2024, passed by the Ld. The trial court directed the prosecution/ State to supply the list of the unreleased documents to the accused.
While dismissing the revision the court noted that the main grievance of the revisionist/ accused, is to the effect that further investigation is pending regarding the alleged conspiracy in assaulting the complainant and thus, the charge sheet is incomplete regarding the offence of conspiracy.
It was further stated that the trial court has taken cognizance of the offences based on the incomplete charge sheet which could not have been forwarded to the trial court by the investigation officer (IO) under section 173(2) of the CrPC Bibhav Kumar had prayed that the orders dated July 7, 2024, be set aside.
On the other hand, the Additional Public Prosecutor (APP) for the Delhi Police argued that the above-mentioned criminal revision petition was preferred by the revisionist only to delay and protract the proceedings of the main sessions case in violation of the mandate of the Supreme Court of India as contained in the orders dated 02.09.2024, whereby, bail was granted by the Apex Court of the Land to accused Bibhav Kumar.
It was further argued by the APP that the above-said criminal revision petition is without any merits and the same may be dismissed.
The court said, "I have gone through the charge sheet filed by the IO in the Sessions Case titled State Vs Bibhav Kumar. In the opinion of this court, so far as the accused Bibhav Kumar is concerned, the charge sheet is complete."
During arguments, Counsel for the accused had stated that he was not pressing the above-said revision petition.
In another revision, the main grievance of Bibhav Kumar was that without compliance with the mandatory provisions of Section 207/208 (Supply of documents) of the CrPC, the Trial court committed the case to the court of the Sessions on March 12, 2024, which is not permissible.
It was argued that the previous orders of October 22, 2024, passed by the Trial court, whereby, the Prosecution was directed to supply the list of unrelied documents, were not complied with by the State/ prosecution but even then, the Trial court without ensuring the compliance of Section 207/208 of the Cr.P.C., committed the case to the Sessions Court.
On the other hand, APP had argued that the compliance of Section 207 and 208 of the Cr.P.C. has already been done and as such, the criminal revision is meritless. It had been prayed that the same be dismissed.
On the revision filed by the Delhi police it was argued that in the two applications filed by the accused u/s 207 (supply of documents) of the Cr.P.C. on 24.08.2024 and 07.10.2024, there was no specific prayer of the accused to the effect that list of unrelied documents be supplied but despite the same, the Trial court on 22.10.2024 directed the prosecution to supply the list of unrelied documents and thus, the orders of 22.10.2024 are suffering from illegality and impropriety and the same cannot be sustained.
On the other hand, it was argued by the counsel for the accused that the orders dated October 22, 2024, have been rightly passed by the Trial court because it is incumbent upon the State/ prosecution to supply the list of unrelied documents to the accused before the framing of the charges to meet out the mandatory requirements of fair investigation and fair trial.
On July 30, 2024, the Tis Hazari court took Cognizance of the charge sheet filed against Bibhav Kumar.
Delhi Police on July 16 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.
Delhi police have invoked sections 308, 354, 354 B, 506, 509, 341, IPC and Section 201 of IPC has been added in 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 alleged incident took place on the morning of May 13 took place at CM's residence.