S. G. SHAH, J. – Heard learned Advocate Mr. B. K. Raj, for the applicant and Mr. D. M. Shah, learned Advocate for respondent No.2, whereas, learned A.P.P. Mr. N. J. Shah represents respondent No. 1-State.

2. Petitioner herein is the original complainant. She has filed a complaint on 4-9-2004 before the Sub-Divisional Magistrate (hereinafter referred to "as S.D.M.") of Dabhoi alleging that activities by respondent No.2 at first floor of House No. 4/13/26-1 is creating public nuisance by running a small Papad ("an eatable item can be termed as thin crisp cake made of flour mixed with Urad and spices, normally served with meal") Manufacturing unit. It is further alleged that respondent No. 2 is creating nuisance by grinding wheat and other grains during the day and she has engaged 20-25 persons, who regularly works at the given place in different shifts, and thereby, respondent No. 2 is doing manufacturing and commercial activities in a residential house and because of running the grinding machine throughout the day, respondent No.2 is creating public nuisance in the form of noise as well as in the form of different activities by 20-25 labourers in a residential area. It is