Order.- This petition, under section 439, Criminal Procedure Code, is by the Union of India, and directed against an order made by the Judicial Magistrate, First Class (Second Court), Bangalore City, in C. C. No. 470 of 1972, purporting to act under section 203, Criminal Procedure Code. The principal ground on which the order in question has been made is that the case against the accused fell within the purview of section 95 of the Indian Penal Code. 2. The Order clearly is unsustainable. Firstly, in order to invoke the provisions of section 203, Criminal Procedure Code, the learned Magistrate must have recorded the evidence as specified in that section. It is not in dispute that such a thing has not been done in the instant case. Secondly, the principle enacted in section 95 of the Indian Penal Code, would be unavailable in re-gird to offences falling under the special statutes, as the one in question. That this is so, is laid down in a decision of the Nagpur High Court in State Government, M.P. v. Amritlal1. I am in respectful agreement with the statement of law contained therein. 3. For the above reasons, this petition succeeds and is allowed. The order of the learned Magistrate is hereby set aside. The matter will now stand remitted to that Court for further enquiry and disposal in accordance with law. S.V.S. ----- Order set aside; matter remitted.