LAWS(GJH)-2015-1-440

SARITA SHARMA Vs. STATE OF GUJARAT & 2

Decided On January 30, 2015
SARITA SHARMA Appellant
V/S
State Of Gujarat And 2 Respondents

JUDGEMENT

(1.) By Way of this petition under Articles 226 and 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the petitioner seeks to challenge the Final Report ('B' Summary) dated September 09, 2008 filed by the Investigating Agency in the first information report registered vide IC.R. No.4/1997 with Vatva Police Station, Ahmedabad as well as the order dated February 27, 2009 passed by the learned Chief Metropolitan Magistrate, Ahmedabad, in Criminal Case No.435 of 1999, accepting such Final Report after issuance of process.

(2.) The Brief Facts Leading To Filing Of The Present petition are as under :

(3.) The affidavitinreply filed by the respondent No.3, being the main contesting party, requires some consideration at this stage. He has challenged the very jurisdiction of this Court under Article 226 of the Constitution of India in the wake of other effective and efficacious remedies with the petitioner. Various judgments have been relied upon to make good the point.