Judgment

B.P. Singh, J.—The petitioner herein filed a petition before the High Court of Gujarat at Ahmedabad under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure. In his petition, the petitioner prayed for quashing of the criminal ­proceedings initiated against him on the complaints of respondents 5, 6 and 7. He also prayed in the said petition for a declaration that Section 151 of the Code of Criminal Procedure is unconstitutional and ultra vires. The High Court by its impugned judgment and order dated 4th April, 1996 in Special Criminal Application No. 95 of 1996 rejected the petition holding that there was no ground to hold that Section 151 of the Code of Criminal Procedure was unconstitutional and further there was no ground to quash the proceedings initiated against the petitioner in which process has been issued.

2. So far as the challenge to Section 151 of the Code of Criminal Procedure is concerned the High Court has noticed the fact that the prayer for declaring the provision as unconstitutional is not supported by factual assertions and the writ petition lacked specific averments and allegations of fact on the basis of which it wa