Present: Garvin J. 1928.

KANNANGARA v. KANNANGARA.

567-P. C. Kalutara, 25,852.

    Appeal-Order of discharge by Police Magistrate-Instructions of the Attorney-General-Criminal Procedure Code, s. 158.

No appeal lies from an order of discharge made by a Police Magistrate under section 158 of the Criminal Procedure Code on a direction by the Attorney-General.

APPEAL by the complainant from an order of discharge entered by the Police Magistrate on instructions from the Attorney- General.

Soertsz, for complainant, appellant.

H. V. Perera (with Rajakarier), for accused, respondent.

Schokman, C.C., for the Attorney-General.

November 21, 1928. GARVIN J.-

The prosecution in this case was initiated with the sanction of the Attorney-General. That sanction was necessary inasmuch as the charges were of offences punishable under section 454, section 480, and section 180 of the Ceylon Penal Code. Non-summary proceedings were taken as required by law, and the record was forwarded to the Attorney-General in pursuance of the order made by the Police Magistrate under the provisions of section 157 of the Criminal Procedure Code. The Attorney-Gener