JUDGMENT

Wilberforce, J. - This is a decision by a First Class Magistrate of Moradabad. It is brought up before me directly in revision Under the circumstances. I quash the order, being dissatisfied with the way in which the Magistrate has treated the case.

2. The charge arises out of some undoubted gambling, which was going on in a tent amongst people who were temporarily visiting Tigri for purposes of bathing in the Ganges. They were residents of Moradabad some 40 miles away, and it is not suggested that this is a permanent place of gaming or that the practice had been going on for a long time. Of course persons who use temporary places may be guilty just as much as persons who use permanent places. But the fact which I have mentioned influences my mind in deciding what I ought to do in consequence of the next point to which I wish to refer. The Magistrate by a piece of great carelessness has charged and convicted seven of these persons under the wrong section, that is to say, u/s 3 for keeping the gaming house and one only u/s 4 for being found there. The mistakes a purely technical one and if I were satisfied with the evidence and with the way in which the merits of the case had