Samsudeen V. Marikar Et Al.,

1934 Present: Macdonell CJ., Garvin S.P.J., and Dalton J.

SAMSUDEEN v. MARIKAR et al.

 936-P. C. Colombo, 8,228.

    Appeal-Discharge of accused in non-summary case before Police Magistrate- Accused discharged previously in similar proceedings-Complainants right of appeal-Criminal Procedure Code, s. 157 (3).

Where, in non-summary proceedings before a Police Magistrate, the accused was discharged, before the conclusion of the inquiry, on a plea of previous discharge in similar proceedings,-

Held, that the order of discharge was made under section 157 (3) of the Criminal Procedure Code and that no appeal lay from the order to the Supreme Court.

CASE referred by Akbar J. to a Bench of three Judges. Two accused were charged with theft under section 369 of the Penal Code in P. C. Colombo, 6,361. The proceedings were non-summary and after evidence was taken they were acquitted and discharged. Thereafter the same complainant charged five accused including the two accused in the previous case with theft and criminal breach of trust. When the accused were brought before the Magistrate on non-summary process the point was taken that tw

Click Here to Read the rest of this document