The Tis Hazari court also rejected another plea from Bibhav Kumar, in which he had opposed the transfer of his case to the Sessions Court for further proceedings. Additionally, a revision plea filed by Delhi Police was also dismissed. This plea was against the court’s directive to provide Bibhav Kumar with a list of documents that were not relied upon in the investigation.
New Delhi, January 29, 2025: A Delhi court has dismissed the plea filed by Bibhav Kumar, who challenged the order taking cognizance of the case against him. The case was filed by Aam Aadmi Party (AAP) MP Swati Maliwal.
The Tis Hazari court also rejected another plea from Bibhav Kumar, in which he had opposed the transfer of his case to the Sessions Court for further proceedings. Additionally, a revision plea filed by Delhi Police was also dismissed. This plea was against the court’s directive to provide Bibhav Kumar with a list of documents that were not relied upon in the investigation.
The Additional Sessions Judge (ASJ) Raj Kumar dismissed all three revision petitions through a common order.
1st Plea: Challenge to Cognizance Order:
Bibhav Kumar had challenged the July 30, 2024 order, where the Tis Hazari court took cognizance of the charge sheet filed against him. He argued that the charge sheet was incomplete, as the investigation regarding an alleged conspiracy was still pending. According to him, the charge sheet should not have been forwarded to the trial court under Section 173(2) of the Criminal Procedure Code (CrPC).
However, the court examined the charge sheet and stated:
“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.”
2nd Plea: Challenge to Committal to Sessions Court:
Bibhav Kumar also opposed the March 12, 2024, order of the Magistrate Court at Tis Hazari, which transferred his case to the Sessions Court. He argued that the lower court failed to follow the mandatory procedure under Sections 207 and 208 of CrPC, which requires the supply of case documents to the accused before committing the case to a higher court.
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His counsel emphasized that without fulfilling these legal provisions, the case transfer was not permissible.
On the other hand, the Additional Public Prosecutor (APP) for Delhi Police maintained that all legal formalities had been completed. The court ultimately dismissed this plea, agreeing with the prosecution.
3rd Plea: Delhi Police’s Challenge Against Supplying Unrelied Documents
Delhi Police challenged the October 22, 2024 order, where the trial court directed the prosecution to provide Bibhav Kumar with a list of unrelied documents. The police argued that the accused had not specifically requested this list in his earlier applications dated August 24, 2024, and October 7, 2024.
Despite this, the trial court ordered the supply of these documents, which the police claimed was an “illegal and improper” order.
However, the defense countered, arguing:
“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.”
After hearing both sides, the court dismissed the Delhi Police’s revision petition.
Background of the Case
The Tis Hazari court took cognizance of the charge sheet against Bibhav Kumar on July 30, 2024. Delhi Police had filed the charge sheet on July 16, 2024, in connection with the Swati Maliwal assault case.
Bibhav Kumar was arrested on May 18, 2024, but later granted bail by the Supreme Court on September 2, 2024.
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The Delhi Police has charged him under multiple sections of the Indian Penal Code (IPC):
- Section 308 (Attempt to commit culpable homicide)
- Section 354 (Assault or criminal force to a woman with intent to outrage her modesty)
- Section 354B (Assault or use of criminal force to woman with intent to disrobe)
- Section 506 (Criminal intimidation)
- Section 509 (Word, gesture, or act intended to insult the modesty of a woman)
- Section 341 (Wrongful restraint)
- Section 201 (Causing disappearance of evidence of an offense)
As part of the investigation, police have seized the following:
- Bibhav Kumar’s mobile phone and SIM card
- DVR/NVR recordings from CCTV cameras installed at the Chief Minister’s residence
The alleged incident took place on the morning of May 13, 2024, at the Delhi Chief Minister’s residence.
