( 1 ) FIVE persons, namely Jaddu, Mangal, Ram Naresh, Sadal and Sukhai, were convicted under section 15, U. P. Private Forests Act, 1948 (U. P. Act No VI of 1949) and sentenced to pay a fine of Rs. 100 each by Sri Shah Masud Alam, Magistrate first class, Gonda. The aforementioned applicants went up in revision before the learned Sessions Judge, Gonda, and the sole point that was agitated before him was that the trial of the applicants by the first class Magistrate being in contravention of Section 15, U. P. Private Forests Act, 1948, was ultra vires and void. The learned Sessions Judge accepted this argument and has made a reference to this Court for quashing the order of conviction and sentence passed by the learned Magistrate against the applicants and for ordering a fresh trial of the case.

( 2 ) HAVING heard the learned counsel for the parties I am of opinion that this reference must be accepted. Section 15 (2), U. P. Private Forests Act prescribes the forum for the trial of such offences. It runs as follows :

"15 (2 ). Offences under this section shall be triable by a Magistrate of the second or third class, and proceedings under this section may be instituted on a comp