New Delhi: Bibhav Kumar, an aide of former Delhi Chief Minister and Aam Aadmi Party (AAP) convenor Arvind Kejriwal, has moved a sessions court challenging a magisterial court order taking cognisance of a chargesheet filed by the Delhi Police against him in the alleged assault case on AAP Rajya Sabha Member of Parliament (MP) Swati Maliwal.
Kumar, who is currently out on bail in the case, has argued that cognisance was taken by the magisterial court in a “mechanical manner” under the repealed criminal procedure code instead of the new Bharatiya Nagrik Suraksha Sanhita (BNSS) and that the cognisance order was passed only on the basis of an incomplete chargesheet filed by the Delhi Police.
Kumar is accused of assaulting AAP Rajya Sabha MP Maliwal
Kumar is accused of assaulting Maliwal at the then Chief Minister Kejriwal’s official residence on May 13 when she went there to meet Kejriwal.
Magistrate court took cognisance of chargesheet on July 30
A magistrate court took cognisance of the chargesheet filed by the Delhi Police against him in the case on July 30. The Delhi Police filed chargesheet against him under various sections of the Indian Penal Code (IPC).
The revision plea filed by Kumar before the sessions court has alleged that the trial court took cognisance on the basis of a “cryptic final report” and “failed to apply its judicial mind”, news agency PTI reported.
The matter would be heard on November 16.
Delhi Police filed chargesheet against Kumar on July 17
The Delhi Police filed the chargesheet against Kumar on July 17 under various sections of the IPC, including section 201 (causing disappearance of evidence of offence), section 308 (attempt to commit culpable homicide), section 341 (wrongful restraint), section 354 (assault or criminal force to a woman with intent to outrage her modesty), section 354B (assault or use of criminal force against a woman with the intent to disrobe her), section 506 (criminal intimidation) and section 509 (insult caused to the modesty of a woman by the use of any words, gestures or object intending to the do the same).
Supreme Court on September 2 granted Kumar bail
The Supreme Court on September 2 granted Kumar bail in the case with certain conditions imposed on him, taking note that the investigation is complete and the charge sheet has been filed and granting bail to him is not likely to hamper or cause impediment in the investigation which is already complete and the conclusion of trial will take some reasonable time.
