Wijegunatileke V. Joni Appu

Present : Bertram C.J. and Schneider A.J.   1920.

WIJEGUNATILEKE v. JONI APPU.

108-D. C. Kalutara, 8,394.

False statement made by a person before the police implicating another- Inquiry by police under Criminal Procedure Code, chapter XII.- Privilege-Action for damages-Malicious prosecution.

At a preliminary inquiry by the police under chapter XII. of the Criminal Procedure Code the defendant made a false statement to the police implicating the plaintiff in an affray.

Held, that as the statement was made on a privileged occasion, an action for damages did not lie against him.

THE facts appear from the judgment.

A. St. V. Jayawardene, for defendant, appellant.

H. J. C. Pereira, for plaintiff, respondent.

Cur. adv. vult.

December 2, 1920. BERTRAM C.J.-

I have read and agree with the judgment of Schneider A.J. I would only add that the conclusion of this Court appears to be in harmony with the principle observed in the Courts of South Africa. I cite the following passage from Nathan's Common Law of South Africa, vol. III., para. 1643, the case referred to not being available locally:-

"The defendant must have set the criminal law

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