Bibhav Kumar, an associate of the former Delhi Chief Minister dubbed Arvind Kejriwal, has moved a Delhi sessions court in a bid to recall its earlier order that took cognizance of a police charge sheet that sought his arrest for allegedly assaulting AAP MP Swati Maliwal.
The alleged incident occurred on May 13 at Kejriwal’s residence, and Kumar is on bail now. The police filed the charge sheet, which was taken by a magistrate court on the 30th of July.
Kumar’s legal counsel, Manish Baidwan, filed the revision petition on October 29, claiming that the cognizance was taken mechanically in violation of the old CrPC as opposed to the BNSS as it must. According to the petition, the magistrate failed to determine if there were sufficient reasons to continue under the sections of the new BNSS.
Moreover, the learned counsel for the accused, Kumar, raised several inconsistencies, which mainly dealt with the charge sheet, which was said to be partly prepared. The petition pointed out that while electronic evidence like CCTV had been tendered and taken during the investigation, it was not adequately considered before the charge sheet was provided or accepted. When filing this charge sheet, an FSL (Forensic Science Laboratory) report on the seized exhibits was not available.
The plea also pointed out that the trial court erred while taking cognizance and that Section 506 of IPC, under which the charges are framed, has two different provisions with different punishments. The plea also raised a query as to which part of Section 506 was taken into consideration while the cognizance was being tendered. According to Kumar’s legal advisors, the trial court failed to address these notes adequately enough, making the order legally infirm.
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