Present: Mr. Justice Middleton.

THE KING v. ALAHAKOON et al.

D. C. (Criminal), Kegalla, 1,308.

Magistrate initiating proceedings-Committal by such Magistrate-Validity-" Party "-" Personally interested "-Courts Ordinance (No. 1 of 1889), s. 90-Criminal Procedure Code, s. 148 (c)-Penal Code, s. 208.

Where a Police Magistrate institutes proceedings against an accused under section 148 (c) of the Criminal Procedure Code (No. 15 of 1898) such Magistrate cannot be said to be a party to, or to be personally interested in, the proceedings within the meaning of section 90 of the Courts Ordinance (No. 1 of 1889); and it is no objection to the validity of a committal that it was made by a Magistrate who had instituted proceedings as aforesaid.

THE accused charged one Kirala in P. C, Kegalla, 4,916, with committing mischief by fire. The Magistrate, who inquired into the charge, being of opinion that it was false, initiated proceedings against the accused under section 148 (c) of the Criminal Procedure Code and committed them for trial on an indictment charging them with an offence under section 208 of the Penal Code. At the trial it was objec