King V. Harip Boosa

Present : Mr. Justice Wendt.

 

THE KING v. HARIP BOOSA.

 

D. C.(Crim.), Kandy, 1.916.

 

    Indictment-Competency of the District Court to go behind indictment- Warrant of commitment-Ceylon Penal Code, s. 180-Criminal Procedure Code, s. 147.

 

A District Court, before which an accused person is brought for trial upon a warrant of commitment regular on the face of it. and to which an indictment is presented by the Attorney-General, is not competent to inquire whether the proceedings which culminated in the committal were regularly instituted or regularly conducted.
 

Queen v. Kolandavail2 and The Attorney-General v. Appuwa Veda3 followed.
 

APPEAL by the Attorney-General from an acquittal. The facts appear in the judgment.
 
Walter Pereira, K.C., S.-G., for the Attorney-General.
 

There was no appearance for the accused, respondent.

Cur adv. vult.

 

2 (1891) 1 S. C. R. 198.

3 (1907) 10 N. L. R. 199. 

 October 28, 1908. WENDT J.-

 

The Attorney-General appeals against the order of the learned District Judge rejecting the indictment presented by him against the two accused, on the ground that the preliminary Police Court pro

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