SEDRIS v. JUDRIS et al.

SEDRIS v. JUDRIS et al.

P. C., Balapitiya, 13,854.

Penal Code, ss. 333, 314, and 208-Criminal Procedure Code, as. 45 and 156-Irregularity-Duty of Magistrate on receiving complaint charging accused with offences triable summarily and by indictment -Procedure before summons is issued-Summons by whom to be signed.

It is the duty of a Police Magistrate to whom a written complaint is presented charging accused with two offences, one of which is triable by him summarily and the other not so triable, to examine the complainant thereon and reduce such examination to writing, which after being road over to the complainant, should be signed by him and the Magistrate. Such examination should be made at once, and the complainant's story should be tested by the Magistrate before he has had time to concoct, a story or an opportunity of consulting with other persons who may. for reasons of their own. be desirous of getting him to make additions to his story.

If the Magistrate, after examining the complainant, is of opinion that there are no sufficient grounds for proceeding further with the case, he may refuse to issue process, or, if the accused i

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