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Judgment
Petitioner has filed this petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking relief that “this Hon’ble Court may kindly be pleased to direct the learned Chief Judicial Magistrate, Kondagaon, District- Kondagaon (C.G.) for deciding the complaint as well as the application expeditiously, in the interest of justice.”
Learned counsel for the petitioner submits that petitioner has moved an application under Section 175 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“in short BNSS, 2023”) before the learned Chief Judicial Magistrate, Kondagaon, District- Kondagaon, Chhattisgarh, however, appropriate order(s) have not been passed and therefore, this criminal miscellaneous petition has been filed by the petitioner seeking direction to the concerned Magistrate for deciding the complaint made by him as also the application filed under Section 175 of BNSS, 2023, expeditiously.
Learned counsel for the State opposes the submission made by learned counsel for the petitioner and submits that from the documents enclosed along with this petition reveals that the Chief Judicial Magistrate, Kondagaon, C.G., has proceeded with the application submitted by petitioner under Section 175 of BNSS, 2023, however, the counsel representing the petitioner has taken time for the preliminary examination of the witnesses.
I have heard learned counsel for the respective parties and perused the documents enclosed along with this criminal miscellaneous petition.
Perusal of Annexure P-2 would show that on the complaint made by petitioner with regard to the incident happened on 26.08.2025, concerned Police have submitted an Istigasha before the competent authority. Vide letter dated 26.09.2025 Station House Officer, Urandabeda, District- Kondagaon, C.G. had intimated the Chief Judicial Magistrate, First Class, Kondagaon, C.G. about the proceedings initiated and submission of Ishtigasha before the competent authority. Petitioner has enclosed a copy of complaint filed before the Chief Judicial Magistrate, Kondagaon, C.G. as Annexure A-3 and have also enclosed an application under Section 175 of BNSS, 2023. Order sheets vide Annexure P-4 of the Court of Chief Judicial Magistrate, First Class, Kondagaon, C.G. would show that after receiving the application and complaint, Court has called for report and after the receipt of the report, case was fixed for arguments on 21.11.2025. However on 21.11.2025 as also on 08.12.2025 counsel representing petitioner sought time for agrument. Thereafter on 02.01.2026 the case was fixed for recording of preliminary statement of witnesses of the complainant on 03.03.2026. On that day Shivlal, Raju and Ramsu were present and they were examined however, again time was taken for examination of the left over witnesses by the counsel for petitioner. Similarly on 13.04.2026, 23.05.2026 as also on 03.07.2026 counsel representing complainant sought time for recording of preliminary statement of the left over witnesses.
From the aforementioned facts and circumstances of the case, it is appearing that after receipt of the application filed under Section 175 of BNSS, 2023, and complaint application, learned Chief Judicial Magistrate, Kondagaon, C.G. have proceeded and on the other hand, from time to time learned counsel representing complainant before the learned Magistrate has taken time, therefore, it could not be said that there is delay in proceedings on the part of the Chief Judicial Magistrate, Kondagaon, C.G.
In the aforementioned facts of the case, I do not find any merit in this petition. Accordingly, this petition stands dismissed. No order as to cost(s).
Certified copy as per rules.