Re Application of V. C. VELLAVARAYAM

Re Application of V. C. VELLAVARAYAM for a Writ of Prohibition
on the Police Magistrate of Colombo, and the
Complainant in P.C., Col. 83,148.

Criminal Procedure Code, ss. 191, 391-Power of Police Magistrate to open proceedings after discharging accused in a case summarily triable by him-Power of Attorney-General to direct the Magistrate to proceed afresh- Writ of prohibition on Magistrate-Plea in bar.

    When a Police Court had discharged, under section 191 of the Criminal Procedure Code, a person charged with an offence triable summarily, and on instructions from the Attorney-General, opened up the proceedings, an objection by the accused that the order already entered was a bar to further proceedings should be advanced by way of plea in bar, and not asserted by motion for a writ of prohibition, as such an objection is based not on the incompetency of the Court, but on the privilege of the accused that he shall not be vexed a second time for the same cause.

    The Attorney-General may by his instructions regulate the Magistrate's proceedings in a summary case as well as in a non-summary case, but such instructions can

Click Here to Read the rest of this document