Dr. T.N. Singh, J.--1. Both petitioners are convicted under section 7, the Madhya Pradesh Rajya Sadak Parivahan Seva (Bina Tikat Yatra Ki Rok) Adhiniyam, 1974, for short, the 'Act' by Special Motor Vehicles Magistrate, Gwalior. The sentence imposed in one case is fine of Rs. 50/-, in default simple imprisonment for five days; and in the other case, the fine is Rs. 100/-, in default, simple imprisonment for seven days. Having preferred revisions unsuccessfully, they are now assailing their convictions and sentences in this Court, separately, under section 482 of the Code of Criminal Procedure, for short, the 'Cr.P.C.' or the 'Code'.

2. During the course of analogous hearing of the two petitions it was found necessary by one of us (S.K. Dubey, J.) to refer to larger bench the question agitated before him on the basis of a decision of a learned Single Judge of this Court in Hiralal Gopilal Rathore's case (1988 CrLJ 457). In his view, the decision required reconsideration because a Division Bench of this Court in the case of Avadh Bihari Diwan v. MPSRTC and others, M.P. No. 88/87, decided on 20.1.1987, had dealt with the same controversy in a different manner and that decision was