1987 Supreme(Bom) 394
A.D.TATED
Pralhad Shamburao Newale & others – Appellant
Versus
State of Maharashtra & others – Respondent
JUDGMENT - A.D. TATED, J.:---Criminal Writ Petition No. 601 of 1987 has been filed by Pralhad Shamburao Newale who is one of the accused in Special Case No. 4 of 1986 pending against him and others in the Court of the Special Judge, Pune. He has prayed for a declaration that section 161 read with section 2(20) of the Maharashtra Co-operative Societies Act, 1960, be declared as unconstitutional on the ground that they amount to a colourable exercise of the legislative amending powers by the Maharashtra Legislature amending the Central Act, namely I.P.C. (Act No. XLV of 1860). He has also sought a writ of certiorari, or a writ in the nature of certiorari, directing, under Articles 226 and 227 of the Constitution of India or the revisional powers of the Court under section 482 Cri.P.C. to quash and set aside the criminal proceedings in Special Case No. 4 of 1986. Criminal Application No. 1749 of 1986 has been filed by Arvind Ganesh Bhopatkar for quashing the proceedings in Special Case No. 4 of 1986. Criminal Appeals Nos. 714 of 1986, 735 of 1986 and 826 of 1986 have been filed by Pralhad Newale and Shireeshkumar Newale-his son, Shriram Chintaman Mahajan and Arvind Bhopatkar respecti
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