[In Revision.]

1926 Present: Dalton J.

RAJAPAKSE v. WARUSA et al.

P. C. Avissawella, 11,184.

Obstruction to a commissioner appointed under section 5 of Partition Ordinance-Statutory public servant-Penal Code, s. 183.

A Commissioner appointed under the Partition Ordinance is a public servant within the meaning of section 183 of the Penal Code.

APPLICATION to revise an order made by the Police  Magistrate of Avissawella, discharging the accused.

B. F. de Silva, for appellant.

E. G. P. Jayatilleke, for respondent.

July 9, 1926. DALTON J.?

This is an application by the complainant, a licensed surveyor, to revise an order of the Police Magistrate discharging the accused in the case. The complaint made was that the two accused had voluntarily obstructed the surveyor in the, discharge of his duties on a commission issued to him, the surveyor, on February 9, 1926, in D. C. Colombo, case No. 9,371, thereby committing an offence under section 183 of the Penal Code. That section deals with the obstruction of a public servant in the discharge of his public functions.

Without taking evidence, purporting to follow the decision in Silva v. Wijesing