UNION OF INDIA Vs. YESUDOSS

JUDGEMENT

(1.) THIS petition, under S. 439 Cr.P.C., is by the Union of India, and directed against an Order made by the J.M.F.C. (Second Court), Bangalore City, in C.C. No. 470 72, purporting to act under S. 203 Cr.P.C. The principal ground on which the order in question has been made is that the case against the accused fell within the purview of S. 95 IPC, The order clearly is unsustainable. Firstly, in order to invoke the provisions of S. 203 Cr.P.C., 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 S. 95 JPCs would be unavailable in regard 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. Amritlal, 1953 Crl.L.J. 801. I am in respectful agreement with the statement of law contained therein

(2.) FOR the above reasons, this petition succeeds and is allowed The order of the learned Magisitrate is hereby set aside. The matter will now stand remitted to that Court for further enquiry and disposal in accordance with law.