( 1 ) THIS is a reference by the learned Sessions Judge of Banaras, recommending that the conviction of the applicant under Section 112, Railways Act, (hereinafter referred to as the Act)be altered to a conviction under Section 113 of the Act.

( 2 ) PROCEEDINGS, for the prosecution of the applicant, were initiated by the presentation of a written complaint in the Court of the Special Railway Magistrate of Banaras. A printed form was used for the complaint. The complainant mentioned Sections 112 and 113 of the Act in the space meant for the insertion of "section or sections of Act under which complaint is lodged", and in the space meant for the insertion of "description of offence", he described the offence alleged to have been committed by the applicant in the following words; "travelled without ticket, refused to pay the railway dues. " This is the whole of the allegation made by the complainant against the applicant on which he desired the applicant to be convicted under Section 112 and 113 of the act.

( 3 ) IT is surprising that this complaint was entertained at all, and that it was not immediately rejected on the ground that it did not disclose any offence to have been