Present: Loos A.J.  1919.

JAINADEEN v. GEOMONIS.

137-P. C. Matugama, 976.

Non-summary     inquiry by Magistrate-Trial   by     the     same     Magistrate-Bias.

When  a Magistrate held  a non-summary  inquiry and forwarded the case to the Attorney-General   for   instructions-

Held,   that   it   was   not   proper   for  him  to try  the  case   summarily. THE facts appear from the judgment.

Croos-Dabrera, for accused, appellant.-A Magistrate holding non-summary proceedings is in the position of a prosecutor, and should not, as a rule, try summarily a charge on the same facts (Fernando v. Anna Bai 1[1 (1918) 5 C.W.R. 184. ] ). In this case the Magistrate had completed the inquiry and forwarded the record to the Attorney-General with his opinion.   A Police Magistrate, who is also a District

Judge, should exercise his discretion under section 152 (3) of the Criminal Procedure Code immediately after hearing the evidence of the complainant or other witness as required by section 149. He cannot do so when all the evidence has been recorded and the prosecution closed (Queen v. Uduman 1[ 1 (1900) 4 N. L. R. 1.  ] ). A charge under sectio