1932 Present  : Macdonell C.J.

FERNANDO v. FERNANDO.

P. C. Colombo, 31,901.

Appeal-Order of discharge in non-summary proceedings-Criminal Procedure Code, s. 157.

There is no appeal from an order of discharge made by a Police Magistrate finder section 157 of the Criminal Procedure Code.

APPEAL from an order of the Police Magistrate of Colombo.

L. A. Rajapakse, for complainant-appellant.

N. E. Weerasooria, for accused-respondent.

August 25, 1932. MACDONELL C.J.-

I am of opinion that this clearly was a discharge under section 157 of the Criminal Procedure Code, and, if that is so, there is a decision directly in point by my brother Dalton J. in 1 Ceylon Law Weekly 231. Even if I were at liberty to depart from that decision, I would certainly not do so because, with all respect, I think it is correct. The reason why an appeal will not lie in such a case as this, namely, where a non-summary inquiry has been started, followed by the discharge of the accused under the provisions of Chapter XVI. of the Criminal Procedure Code, is because the accused has never been put to his plea and because, as section 157 (2) says, a discharge after an