Swati Maliwal assault case: Court seeks police's response on Bibhav Kumar's plea challenging cognizance taken against him
Tis Hazari Court on Saturday issued notice to Delhi police on Bibhav Kumar's revision petition challenging the cognizance of the charge sheet filed against him. His matter is pending before the Court.
Additional Sessions Judge Abhishek Goyal issued a notice to Delhi Police and sought a response to the petition. The matter has been listed next month for a hearing.
Advocates Manish Baidwan, and Rajat Bhardwaj along with Karan Sharma appeared for Bibhav Kumar. Advocate Manish Baidwan has moved the revision petition challenging the Cognizance.
It is submitted that the Trial Court while passing the Impugned order failed to apply its mind much less and went on passing the order in a mechanical manner without considering the relevant law and without following the procedure mentioned in BNSS.
The petition has stated that the Trial Court has committed a grave illegality by following the procedure under the old Cr.P.C. mentioned in section 190 (1) (b) Cr.P.C. at the time of taking cognizance in the present case. On July 1, the new CLP.C. i.e. Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS') came into force.
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