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2006 Supreme(Guj) 46

P.B.MAJMUDAR, ANIL R.DAVE
HETALBEN JITENDRAKUMAR VYAS – Appellant
Versus
POLICE INSPECTOR – Respondent


Advocates Appeared: HINA DESAI, J.J.YAGNIK, KAMAL TRIVEDI, SANGEETA VISHEN

ANIL R. DAVE, J.

( 1 ) THE petitioner has mainly approached this court with a grievance that there is no policy restraining the citizens from bursting crackers on public streets and, therefore, it has been prayed in the petition that the respondents should be directed to frame some policy restraining or regulating bursting of crackers on public streets/roads.

( 2 ) THE circumstances in which the petitioner has approached this court, in a nutshell, are as under: (1) On 10. 2. 2003, when the petitioner was passing through a road in Sabarmati area of ahmedabad with her son Aryan, aged about 2 years, a marriage procession of son of respondent No. 5 was passing through the said road and the members of the procession were also bursting fire crackers on the road as a part of celebration. All of a sudden, one of the fire crackers bursted in such a way that it hit and damaged one of the eyes of the petitioners son, named, Aryan. The child started bleeding from his right eye and he had to be rushed to a hospital. In spite of all possible efforts of the doctors, Aryan lost sight of his right eye. The doctors treating the child have opined that the child will never have vision in the eye which

















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