SHARMA, J.

( 1 ) THIS is a reference by the Additional Sessions Judge, Jaipur City dated 10th october, 1955 recommending that the convictions of the 14 accused (hereinafter to be referred to as the applicants) be set aside.

( 2 ) THE case against the applicants was that on the 17th of January, 1955 at about 8-30 P. M. , a crowd including the applicants collected in the Johri Bazar on the road near the turning of Rasta Ghiwalan and Satta by American Features was being done there. It was complained that the applicants along with other persons of the crowd blocked the traffic and caused obstruction and annoyance to the public passing by the road.

( 3 ) THE applicants were challenged under Sections 283 and 290 of the Indian Penal code and Section 13 of the Public Gambling Act. The learned Trial Magistrate acquitted all the accused of offences Under Section 290 I. P. C. and Section 13 of the Public Gambling Act but convicted them Under Section 283 of the Indian Penal code and sentenced them to a fine of Rs. 10/- each.

( 4 ) IN his order of reference, the learned Additional Sessions Judge says that section 283 of the Indian Penal Code did not apply to the facts of the present