This revision petition arises from the order dated 15.3.1985 passed by the learned Judicial Magistrate, 1st Class, West Tripura District, Agartala, in G.R. Case No. 689 of 1981.

2. On 11.12.1981, upon receiving a police report, the learned Magistrate took cognizance of an offence punishable under sec­tion 5 of the Tripura Gambling Act. The offence under section 5 of the Act is a summons-case as the offence is punishable with imprisonment for a term not exceeding 1 (one) month of fine not exceeding one hundred rupees. Chapter XX of the Code provides for 'Trial of Summons-cases by Magistrates'. Before the particulars of the offences were explained to the persons accused of and the accused persons were asked whether they would plead guilty or have any defence to make, and before recording evi­dence, the accused persons filed an application on 15.2.85 for dropping the proceedings on the ground, inter alia, that the report of the police does not disclose any offence. On 15.3 85, the learned Magistrate considered the application and passed the impugned order acquitting the accused persons on the ground that the case is not maintainable; hence this revision petition to this Court.

3. The le

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