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2025 DAILYLAW 38006 (CHH)

SMT. ANJALI YADAV v. STATE OF CHHATTISGARH

WPCR/452/2025 · 2025-08-07

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:39701-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 452 of 2025 Smt. Anjali Yadav W/o Rahul Yadav Aged About 28 Years R/o Block 4/c Road 11, Sector 06, Bhilai Nagar, District Durg (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Home Department Mahanadi Bhawan, Mantralay, New Raipur, District Raipur (C.G) 2 - Director General Of Police Chhattisgarh, Police Head Quarter, Raipur, District Raipur (C.G.) 3 - Additional Director General Of Police Chhattisgarh, Police Head Quarter, Raipur, District Raipur (C.G.) 4 - Rahul Yadav Police Constable No. 108 Bn. Caf Bhilai Durg, (C.G) Aged About 31 Years S/o Shri Hiralal Yadav R/o Block No. 100/a, Camp- 1, Subhash Chowk, Bhilai District Durg (C.G.) 5 - Deputy Commandant 7th Batallion Caf, Bhilai, District Durg (C.G.) ... Respondents For Petitioner : Mr. Rahil Arun Kochar, Advocate. For Respondents-State : Mr. S.S. Baghel, Dy.G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.08.08 18:36:08 +0530 2 08 .08 .2025 1. In the present petition, the petitioner has prayed for following relief:- “10.1 That this Hon'ble Court may kindly directed respondent No. 2 to conduct fair and impartial enquiry of Complaint dated 24.07.2024 (Annexure P/1) in the interest of Justice. 10.2 That this Hon'ble court may be further pleased to pass any other consequential and other orders/ writs which this Hon'ble court deems just and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner is the wife of respondent No.4, who is a Constable in the 7th Batallion CAF, Bhilai, District: Durg and it is stated that there is a matrimonial dispute going on between the parties and divorce petition was filed by her husband/respondent No.4, which was decreed, against which, the petitioner filed an appeal bearing FA(MAT) No.33/2024, in which, notice has been issued to her husband, who has also put appearance. It is stated that during the pendency, in spite of the observation by the Court that the parties would govern by the statutory provision of Section 15 of Hindu Marriage Act, 1955, the respondent No.4/husband has performed second marriage. Hence he has preferred the present petition seeking a direction towards the respondent authority to conduct a fair enquiry on her representation dated 24/07/2024. He would further submit that the 3 petitioner has also filed CRMP No.2250/2025 before this Court which was dismissed as withdrawn with liberty to approach before appropriate Bench on 18/07/2025. 3. Learned counsel for the State would oppose the aforesaid submission and submits that the writ petition is not maintainable as the petitioner’s representation dated 24/07/2024 is seeking disciplinary action against the respondent No.4(husband). 4. We have heard learned counsel for the parties and perused the pleadings and documents. 5. Bare perusal of the entire pleadings and documents it is manifest that the complaint which has been filed by the petitioner seeking a direction towards the respondent No.2/Director General of Police, Chhattisgarh, Raipur, to conduct fair and impartial enquiry of complaint dated 24/7/2024 whereby she prayed for termination of the services of her husband/respondent No.4 on the ground that he has violated the orders of the Court by performing second marriage that too during the life time of the first wife/petitioner. In a petition under the heading of WPCR, this Court cannot issue a direction to the respondent/DGP to conduct fair and impartial enquiry in respect of complaint made by the petitioner against her husband/ respondent No.4 who is working under the respondent No.2. 6. Accordingly, this petition is dismissed. The petitioner would be at liberty to raise her grievance before the appropriate forum as may be available to her under the provisions of law. 4 7. It is made clear that we have not expressed any opinion with respect to the dispute which arisen and for which, the complaint was made by the petitioner. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/Amardeep