Dharmalingam Chetty V. Vadivel Chetty Et Al.

1937  Present: Soertsz J.

DHARMALINGAM CHETTY v. VADIVEL CHETTY et al.

355-P. C. Colombo, 6,873.
 

Order of discharge-Charge made without sanction of Attorney-General- Order not final-Giving false evidence in course of an investigation preliminary to proceedings in Court-Sanction not required-Order of discharge illegal-Penal Code, s. 190-Criminal Procedure Code, s. 147 (1) (b).

Where a person is charged with giving false evidence in the course of, or for the purpose of, an investigation directed by law preliminary to a proceeding in Court, the offence is not committed "in any Court or in relation to any proceeding in any Court" within the meaning of section 147 (1) (b) of the Criminal Procedure Code, and the previous sanction of the Attorney-General is not required before a Police Magistrate takes cognizance of the offence.

An order discharging an accused on the ground that the Magistrate is debarred from taking cognizance of the offence because the complainant had not obtained the sanction of the Attorney-General is not a final order and is not appealable. If the order of discharge is wrongly made, i.e., if the s

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