King V. Thenis Silva Et Al.,

1936 Present : Hon. Mr. de Kretser, Commissioner of Assize.

THE KING v. THENIS SILVA et al.

P. C. Kalutara, 23,863.

[No. 1-WESTERN CIRCUIT.]

Transfer of criminal case-Application for transfer on the ground that a fair and impartial trial cannot be had-Powers of Supreme Court-Courts Ordinance, Nos. 46 and 47-Criminal Procedure Code, s. 422.

The Supreme Court has no power to transfer a criminal case pending before it from one Court to another on the ground that a fair impartial trial cannot be had in any particular place.

Section 46 of the Courts Ordinance has been repealed so far as it relates to the transfer of criminal cases.

THIS was an application for the transfer of a case from Kalutara to X Colombo in the same circuit.

Sri Nissanka, for the applicant.

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

December 3, 1936-

Order.

This is an application by the second accused for the transfer of the above case from Kalutara to Colombo in the same circuit on the ground that the case has aroused so much local interest that the accused fears he may not obtain an impartial trial at Kalutara. The first and third accused appeared by Cou

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