SARJOO PROSAD, C.J.— This is a reference made by Shri Chander Singh Meratia, Sessions Judge of Ganganagar, for quashing an order of conviction under sec. 110 of the Indian Railways Act, passed against the petitioner by the Railway Magistrate, First Class, Jodhpur, sentencing him to pay a fine of Rs. 20/- under the above section by his judgment dated 10th July, 1960.

2. The relevant facts giving rise to the reference are that on 7th February, 1960, at Railway Station Binabap while the train from Hanumangarh to Sadulpur was passing on that route the petitioner, who was travelling in a First Class compartment of the train with certain fellow passengers, started smoking in the compartment. His fellow passengers protested against his smoking but the petitioner persisted in his conduct, asserting that he would get them charged fox ticketless travelling. Shri Gauri Shankar, a police officer, made a complaint of the incident under sec.110 of the Indian Railways Act against the petitioner. On that complaint the Magistrate having taken cognisance of the offence proceeded to try and convict the petitioner as aforesaid. According to the case of the petitioner he pleaded that he stopped smoking

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