Agarwala, J.

1. The petitioners in these two applications have been sentenced to pay fines of Rs. 50 each under Sec. 4, Gambling Act. According to the charge-sheet, they were found in a room in the quarters occupied by a person named Sanyal in Jamshedpur, where they are employed by the Tatas, with the exception of Tapadia,. who is an employee of the Imperial Bank. At the time of the arrival of the police they were playing cards. They were arrested and were released on bail and appeared before the Magistrate the next morning. On application they were permitted to appear by a pleader. Thereafter, the pleader was examined Under Sec.242, and it is recorded that he pleaded guilty, with the result that the petitioners were convicted and fined as above, and the amount of the stake money RS. 34-13-6 which the police had seized was declared forfeited to the Crown. In addition, out of the amount of fine realised from the fines, Rs. 100 was directed to be paid to the police officers as reward.

2. The Magistrates procedure in accepting the plea of guilty, in the circumstances of this case, was entirely wrong. Sec.205, Criminal P. C, declares that whenever a Magistrate issues a summons,