Deepak Sahu Vs Siddharth Begami

The present petition has been filed invoking the jurisdiction of this Court seeking appropriate directions for expeditious consideration of a complaint instituted by the Petitioner under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The grievance of the Petitioner is that despite full repayment of a loan amount of Rs. 22,00,000/- along with interest, the Respondents have allegedly

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Digitally signed by VED VED PRAKASH PRAKASH DEWANGAN DEWANGAN Date: 2026.01.22 11:11:10 +0530

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misused the security cheques issued by the Petitioner, failed to return 250 grams of gold furnished as security, and have thereafter initiated proceedings under Section 138 of the Negotiable Instruments Act. It is further contended that although an investigation report noting material contradictions in the statements of the Respondents has been submitted and the Petitioner has remained present on several dates, the complaint proceedings have not progressed and even preliminary evidence has not been recorded.

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The petitioner has filed the present petition with the following prayer:-

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“(1) Call for the entire records pertaining to the case of the Petitioner.

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(ii) Issue an appropriate writ, order, or direction directing the learned Court of Judicial Magistrate First Class, Raipur (Chhattisgarh) to proceed further in Complaint Case dated 08.01.2025 titled as 'Deepak Sahu vs. Siddharth Begami and Another (Annexure P- 1), and pass appropriate orders expeditiously in accordance with law within a specified time.

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iii) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the interest of justice, equity, and fair play.”

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It transpires from the documents annexed with the petition that, the petitioner, who is the complainant before the learned trial Court has filed a complaint case against the proposed accused persons under Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023 on 08.01.2025. The learned trial Court called the police report on the complaint made by the petitioner, which has been submitted by the police before the learned trial Court on 11.04.2025. Thereafter, the learned trial Court directed the complainant to produce his witnesses for recording of their statement, for which the petitioner has repeatedly

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taken time on 09.05.2025, 19.06.2025, 05.08.2025, 23.08.2023 and 03.09.2025 and thereby the petitioner himself is taking time to produce his witnesses for recording of their statement. Instead of taking proper recourse to law, the petitioner has filed the present writ petition claiming for a direction to early consideration of the complaint case, but from perusal of the order sheets, it transpires that the petitioner himself has taken time before the learned trial Court and the relief claimed by the petitioner itself contradictory with that of the fact that, he himself is taking time repeatedly before the learned trial Court .

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In view of the foregoing facts and circumstances, it transpires that the Petitioner has inadvertently agitated the present issue directly before the Hon’ble Division Bench of this Court, whereas the matter ought to have been placed before the appropriate Single Bench. In response to the same, learned counsel for the Petitioner seeks leave of this Hon’ble Court to withdraw the present petition, with liberty to file a fresh petition before the appropriate Bench and/or at an appropriate stage, in accordance with law, and prays that such liberty be graciously granted in the interest of justice.

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In the result, the present writ petition is dismissed as withdrawn , granting liberty to the Petitioner to file a fresh petition at an appropriate stage before the appropriate Bench, in accordance with law.

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Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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ved

Deepak Sahu v. Siddharth Begami

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Deepak Sahu v. Siddharth Begami

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