( 1 ) THE petitioner has filed the aforesaid Miscellaneous Criminal Application No. 1698 of 1982 for quashing the proceedings in Criminal Case No. 963 of 1982 pending before the Metropolitan Magistrate Court No. 2 Ahmedabad. Along with the said Miscellaneous Application he had also filed Miscellaneous Criminal Application No. 1785 of 1982 wherein he had prayed that secs. 190 and 251 of the Criminal Procedure Code hereinafter referred to as the Code be declared as unconstitutional and illegal. The petitioner also prayed that the procedure prescribed for the Summons Cases beginning from sec. 251 to sec. 259 is unreasonable and is therefore in violation of Article 21 of the Constitution.

( 2 ) IN order to appreciate the contentions of the petitioner a few relevant facts may be noted first. Respondent No. 1 had filed the aforesaid criminal complaint being Criminal Case No. 963 of 1982 on 15-5-82 before the Metropolitan Magistrate Court No. 2 inter alia contending that the Gujarat Ginning and Manufacturing Co. Ltd. was the owner of land bearing S. Nos. 217/1 and 218 situated near Prem Darwaja Ahmedabad. In 1972 out of the said land land admeasuring 100 sq. yards was rented