ORDER :- This is a reference by the Sessions Judge of Lucknow recommending that the conviction of Abdul Waqar under S. 112, Indian Railways Act and the sentence of fine of Rs. 50/- imposed on him be set aside.

2. It appears that Abdul Waqar was found travelling in a railway special train meant to convey railway servants holding passes or token, without a proper pass or ticket. He was detected by the special squad and was then produced before a Magistrate. A charge under S. 112, Railways Act was framed against Abdul Waqar and he was convicted as he pleaded guilty to the charge. Abdul Waqar went in revision to the Sessions Judge. In his application for revision he stated that he was a railway servant and had left his token at his house and could not therefore produce it to the railway squad when he was asked to produce a pass or a ticket. He further stated that he had mentioned all these facts to the learned Special Magistrate who did not record his statement. He denies having pleaded guilty to the charge. 3. The explanation submitted by the railway Magistrate is that Abdul Waqar must have pleaded guilty to the charge or else there was no reason why he should have recorded a plea of g

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