 "Swati Maliwal case: Court seeks Bibhav Kumar's reply to Delhi police")
A Session court at Tis Hazari, on Monday sought the response of accused Bibhav Kumar in the AAP MP Swati Maliwal assault case on Delhi police's plea.
Delhi police have challenged an order of Magistrate Court order for filing and supply of a list of unrelied documents.
Meanwhile, the court has refused to stay the proceedings before a magistrate court hearing a case against Bibhav Kumar.
Additional Sessions Judge (ASJ) Abhishek Goyal refused to stay the proceedings before the trial (Magistrate) Court.
Additional Public Prosecutor (APP) Atul Srivastav appeared for Delhi police and prayed for a stay on proceedings.
The court said that a stay has not been granted at this stage as the maintainability of the petition is under consideration.
On the other hand, advocate Rajat Bhardwaj along with Karan Sharma, appeared for Bibhav Kumar and sought time to file a reply.
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He submitted that the petition is not maintainable at all.
After hearing the submissions, the court listed the matter for hearing on December 3.
Magistrate court on October 22, had directed Delhi police to file a list of the statements and documents/material objects seized but not relied on by them and supply a copy thereof to the accused persons before the next date.
The court had passed the direction while disposing of two applications filed by the accused and issuing of supply list of un-relied documents to the accused.
Bibhav Kumar was arrested on May 18 by Delhi police. He was granted bail by the Supreme Court.
Delhi police had filed a charge sheet against him on July 16. This matter is at the stage of scrutiny of documents.
On July 30, the court took cognizance of the charge sheet filed against Bibhav Kumar.
The court was informed that the police have invoked Section 308, 354, 354 B, 506, 509, 341 of IPC and Section 201 of IPC has been added to 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 charge sheet, which is 500 pages long, includes testimony from 100 witnesses, with 50 of them being named in the case. The alleged assault incident occurred on the morning of May 13 at the Chief Minister's residence.