1938 Present: Moseley, Keuneman and de Kretser JJ.

ATTAPATTU v. PUNCHI BANDA.

45-P. C. Ratnapura, 17,623.

Criminal Procedure-Charge under section 180 of Penal Code-Plaint not sanctioned by Attorney-General nor instituted by Public Officer-Objection taken at close of prosecution-Powers of Supreme Court-Criminal Procedure Code, s. 425.

The accused was charged with having given false information to the Excise Commissioner an offence punishable under section 180 of the Penal Code. Proceedings commenced with a written report under section 148 (1) of the Criminal Procedure Code by a Superintendent of Excise. The plaint was not sanctioned by the Attorney-General but it bore the endorsement of the Excise Commissioner, ?I sanction the prosecution?. At the close of the case for the prosecution, Counsel for the accused took the objection, that the Court had no right to take cognizance of the case inasmuch as the provisions of section 147 (a) of the Criminal Procedure Code had not been satisfied. The Magistrate overruled the objection.

Held, that the Magistrate was right in proceeding to determine the case as the objection had been take