CHANDRIKABEN KISHOR DAFDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave Granted.

(2.) Chandrikaben Kishor Dafda, the appellant questions the correctness of the refusal of the High Court of Gujarat at Ahmedabad to quash Case No.3528 of 2017 and the issuance of process dtd. 8/11/2017 in Crl.Enquiry 58 of 2017 by the Additional Chief Judicial Magistrate, Gandhidham, in connection with the complaint, filed by one Velji Namori Maheshwari, before the Deputy District Development Officer, Establishment Branch, District Panchayat Office, Bhuj- Kutch. In the said complaint dtd. 17/2/2016, it has been urged by the complainant that the appellant had not, in her electoral filing for the position of Councillor in the 2015 Municipal elections, disclosed the true extent of the landed property owned by herself and her spouse, which is contrary to the rules and a misuse of public trust.

(3.) It is revealed from record that although some steps were taken regarding the investigation of the matter, the same was not taken forward beyond a certain point. As such, the complainant repeated his allegations in another representation to the very same Authority on 16/5/2017, before moving a private complaint before the Additional Chief Judicial Magistrate, Gandhidham, who issued summons therein vide order dtd. 8/11/2017, leading to the afore-noticed criminal case. The relevant part of the order reads as hereinbelow: