This is a reference made by the learned Sessions Judge of Tripura recommending that the summons issued on the petitioner on the basis of the order dated 12-2-65, is not in accordance with law and the order passed on 7-3-65 is illegal and without jurisdiction and as such the order of conviction and sentence passed on the petitioner under S. 112 of the Motor Vehicles Act should be set aside.

2. The facts which gave rise to this reference briefly stated are these: On 31-1-65 the O. C., Fatekrey P. S. made a report for prosecution of the accused petitioner Rajkumar, Chauhan under S. 112 of the Motor Vehicles Act alleging that the petitioner was found driving the truck TRL-635 from north to south along Assam Agartala road at Beheherra with 3 passengers excluding the driver and his assistant. On receipt of the said prosecution report the S. D. M., Kailashahar by his order dated 12-2-65, transferred the case for disposal to the file of Shri M. L. Das, Magistrate 2nd Class who passed an order on the same date for issue of summons to the accused to the following effect:

"Received the case on transfer from S. D. M., Kailashahar. Issue summons to the accused fixing 25-2-65. Mention Rs. 2