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2011 Supreme(Guj) 476

ABHILASHA KUMARI
MOHANBHAI YASHVANTBHAI KHANDEKAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
B. C. Dave, for Petitioner Nos. 1 to 20.
P. K. Jani, G.P., with Rashesh Rindani, A.G.P., for Respondent Nos. 1, 2 and 4.
Kaushal D. Pandya, for Respondent No.3.
Sunil L. Mehta, for Respondent No.5.

JUDGMENT

SMT. ABHILASHA KUMARI, J. Rule. Mr. Rashesh Rindani, learned Assistant Government Pleader, waives service of notice of Rule on behalf of respondent Nos. 1, 2 and 4, Mr. Kaushal D. Pandya, learned Advocate, waives service of notice of Rule on behalf of respondent No.3, and Mr. Sunil L. Mehta, learned Advocate, waives service of notice of Rule on behalf of respondent No.5. On the facts and in the circumstances of the case, and with the consent of the learned Advocates for the respective parties, the petition is being finally heard and decided.

2. The challenge in this petition preferred under Art. 226 of the Constitution of India, is to the Notification dated 16-7-2011, issued by the Commissioner of Police, Surat City, under the provisions of Sec. 144 of the Code of Criminal Procedure, 1973, ("the Code" for short).

3. The brief factual background leading to the filing of the petition is as follows :

3.1. The petitioners are artisans, engaged in the business of making idols of Hindu Gods and Goddesses in the City of Surat. These idols are made of clay, or Plaster of Paris. After manufacture, the said idols are sold in the market and are purchased by the public for worship during






































































































































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