2026:CGHC:10455-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 88 of 2016 High Court of Chhattisgarh Through The Registrar General, High Court of Chhattisgarh, Raipur Road, Bilaspur, District Bilaspur Chhattisgarh, Chhattisgarh ... Petitioner versus

1 – State of Chhattisgarh Through The Secretary, Department of Home (Police), Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

2 - Smt. Pratibha Gwal, W/o Shri Prabhakar Gwal, Aged About 39 Years R/o Village Nanakpali, Thana And Tehsil Saraipali, District Mahasamund, Chhattisgarh Presently R/o At Judges Bungalow, Sukma, District Sukma, Chhattisgarh

3 - Shri Prabhakar Gwal, Aged About 45 Years Presently Posted As Chief Judicial Magistrate, Judges Bungalow, Sukma, District Sukma, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Petitioner : Dr. N.K. Shukla, Senior Advocate assisted by Mr.

Amrito Das, Advocate For Respondent : Mr. Praveen Das, Additional Advocate General No.1/State For Respondent No.2 : Ms. Sareena Khan, Advocate For Respondent No.3 : None, though served.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

28/02/2026

1.

Heard Dr. N.K. Shukla, learned Senior Counsel assisted by Mr. Amrito Das, learned counsel for the Petitioner as well as Mr. Praveen Das, learned Additional Advocate General appearing for the State/ Respondent No.1 and Ms. Sareena Khan, learned counsel appearing for Respondent No.2/complainant.

2.

Despite service of notice, none appears on behalf of Respondent No. 3. On 13.12.2024, Mr. Jitendra Dhruw, learned counsel had appeared and submitted that he has filed his Vakalatnama on behalf of the respondent No. 3 and prayed for some time. Thereafter, the matter was taken up on 09.12.2025 and 23.01.2026 but on the said dates also, none appeared on behalf of the respondent No. 3.

3.

By filing of the present petition, the Petitioner has prayed for following relief(s) :-

“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record, orders and proceeding of the criminal complaint filed by respondent No. 2 complainant before the learned Additional Chief Judicial Magistrate, Raipur, District Raipur, Chhattisgarh for its kind perusal.

10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ quashing the unregistered criminal complaint preferred by respondent No. 2 on 26.03.2016 before the learned Additional Chief Judicial Magistrate, Raipur, District Raipur, Chhattisgarh (ANNEXURE P/1).

10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ quashing the order dated 26.03.2016 (ANNEXURE P/2) passed by the learned Additional Chief Judicial Magistrate, Raipur, District Raipur, Chhattisgarh.

10.4 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case.”

4.

The present matter arises out of a criminal complaint filed by Respondent No. 2, who is the wife of Respondent No. 3, before the Court of the learned Additional Chief Judicial Magistrate, Raipur, District Raipur, Chhattisgarh on 26.03.2016. In the said complaint, serious allegations have been levelled against Hon’ble the then Chief Justice and a sitting Hon’ble Judge of the High Court of Chhattisgarh, along with several members of the Higher Judicial Service of the State.

5.

Respondent No. 3 was a judicial officer and was posted as Chief Judicial Magistrate, Sukma, District Sukma, Chhattisgarh. The complaint was entertained by the learned Magistrate and the matter was fixed for recording of preliminary evidence.

6.

The foundation of the complaint stems from an incident allegedly occurring on 31.10.2015 at Arang Toll Plaza on National Highway No. 6, when Respondent No. 2 and her husband (Respondent No. 3) were travelling to their native village. It is alleged that Respondent No. 3 was misbehaved with and abused by certain persons, in respect of which an FIR was registered at Po