(1.) By way of filing this petition under Articles 226 and 227 of the Constitution of India as well as under Section 482 of the Code of Criminal Procedure, 1973 (for short the 'Code'), the petitioner has sought for the relief to quash and set aside the order dated 11.11.2014 passed by the learned Chief Judicial Magistrate, Vadodara in Inquiry No. 0/1027/2013 as well as the order of issuance of summons which culminated into Criminal Case No. 44985 of 2013 for the alleged offence under Section 500 of the Indian Penal Code.
(2.) The short facts of the prosecution case are as under:-
(3.) Respondent No. 2 -original complainant - Arbindbhai s/o. Dwarkadas Jani has filed an affidavit-in-reply. He has opposed the present petition and has contended that the petitioner has falsely stated that she is a national citizen of India whereas, in all her letters written by her to the Police Inspector with regard to her complaint under Section 376 read with Section 120-B of the Indian Penal Code, she has stated that she is a citizen of U.S. and permanently settled in U.S. According to him, no any fundamental right guaranteed under the Constitution of India is violated so far as the petitioner is concerned and on that ground above, the petition itself is not maintainable.
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