Judgment

HIDAYATULLAH, J. : This is an appeal by certificate granted by the High Court of Allahabad (Lucknow Bench) against its order dated March 12, 1962 quashing the trial of the respondents for an offence under S. 15(1) of the Uttar Pradesh Private Forests Act (VI of 1949). This trial commenced on February 11, 1959, on a complaint by the District Magistrate, Baharaich. The charge against the first respondent was that the sold one tamarind tree to respondent No. 2 for the purpose of feeling and removing it without obtaining permission from the competent authority and that against respondent No. 2 was that he felled the tree and removed it. The complaint was transferred from one Magistrate to another till it came on the file of Mr. T. B. Upadhaya who was a Magistrate of the Second Class. After Mr. Upadhaya had recorded all the evidence and examined the two respondents the powers of Magistrate, First class were conferred on him. Thereafter he pronounced judgment in the case and finding respondents guilty he sentenced them to pay a fine of Rs. 50/- each or to undergo simple imprisonment for one month. The respondents filed an appeal before the Additional Sessions Judge, Baharaich whi