JUDGMENT B.N. Katju, J. - The Applicant Abdul Qadir was convicted Under Sections 113/131 and 121 of the Railways Act and sentenced to pay a fine of Rs. 60/-, or in default to undergo 15 days R.I. by Magistrate 1st class Haldwani by his order dt 30-3-70 passed in Cr. Case No. 13 of 1970. The Applicant filed a criminal appeal in the court of the Sessions Judge, Kumaon at Nainital which was dismissed by the order of the learned Judge dt. 4-7-70. He has now come up in revision-to this Court. 2. This revision came up for hearing before Hon'ble Gupta, J., who directed it to be laid before a Division Bench. It has therefore come up before us. 3. The case of the prosecution is that the Applicant was found travelling without a ticket on 1-9-69 at about 2-15 p.m. at Lalkuan in train No. 55 UP which runs from Kasganj to Kath-godam by Sri V.N. Gupta, Ticket Collector, Lal Kuan. Sri Gupta took the Applicant to the room of the Asstt. Station Master at Lalkuan and told the Asstt. S.M. that the Applicant was travelling without a ticket and was not paying the fare and the excess charge. The Asstt. S.M. asked the Applicant to pay the same and also told him that in case he did not make the payment he would send for the Station Master. The Applicant tried to run away but was caught by Sri Gupta. The Applicant then caught hold of Sri Gupta and tried to assault him with his sandal. He was however prevented from doing so by the persons who bad gathered there. The Station Master was thereafter called and Sri Gupta prepared the charge sheet which was signed by the Station Master. 4. The Applicant was asked u/s 242 Code of Criminal Procedure whether he was found travelling without a ticket at Lalkuan on 1-9-68. He replied that he was not travelling without ticket but he was on duty at Lalkuan. 5. The conviction and the sentence of the Applicant Under Sections 113/131 of the Railways Act is clearly illegal as both Under Sections 113 and 131 of the Railways Act no offence is created. He replied that he was not travelling without ticket but he was on duty at Lalkuan. 5. The conviction and the sentence of the Applicant Under Sections 113/131 of the Railways Act is clearly illegal as both Under Sections 113 and 131 of the Railways Act no offence is created. The conviction of the Applicant could also not be altered from Section 113 to Section 112 of the Railways Act as he was not questioned u/s 242 Code of Criminal Procedure that he intended to defraud the railway which is an essential ingredient of Section 112 of the Railways Act. 6. As far as the conviction of the Applicant u/s 121 of the Railways Act is concerned, we are of the opinion that this was also illegal as the Applicant did not either wilfully obstruct or impede any railway servant in the discharge of his duty. It may be mentioned that as soon as the Applicant was taken by Sri Gupta to the room of the Asstt. S.M. the Asstt. S.M. informed Sri Gupta that the Applicant was a pointsman and had his headquarters at Lalkuan. This means that Sri Gupta came to know the name and the address of the Applicant before he tried to run away. Sri Gupta had, therefore, no right to catch hold of the Applicant. He could only make an application Under Sub-section (4) of Section 113 of the Railways Act to a competent Magistrate for the recovery of the amount payable by the Applicant. We are also of the opinion that the evidence of Sri Gupta does not disclose that he had reason to believe that the Applicant would abscond. In this view of the matter also Sri Gupta had no right to arrest the Applicant. In these circumstances the Applicant could not be held guilty even u/s 121 of the Railways Act. 7. The result, therefore, is that the conviction of the Applicant Under Sections 113/131 and 121 of the Railways Act was unjustified. 8. We accordingly allow the revision and set aside the conviction and the sentence of the Applicant. The fine, if paid, shall be, refunded.