(IN REVISION.)

1941 Present: Nihill J.

DE SILVA v. DE SILVA.

M. C. Galle, 29,418.

Discharge of accused-Payment to charitable fund as a condition of discharge Criminal Procedure Code, s. 325 (1).

A Magistrate has no power to direct an accused to make a payment to a charitable fund as a condition of his discharge under section 325 0) of the Criminal Procedure Code.

THIS was an application for revision.

M. C. Abeyewardene, far acc1Ised, appellant.

C. P. J. Kumkulasuriya (with him Gilbert Perera), for respondent.

Cur. adv. vult.

October 21, 1941. NIHILL J


This is a petition for revision in a non-appealable matter. The learned Magistrate I think rightly regarded the incident which gave rise to. these proceedings as a trivial one, but certain parts of his verdict and sentence cannot be sustained. The petitioner who is a Village Headman was charged with criminal intimidation, insult, and wrongful restraint under sections 486, 484, and 332 at the Penal Code. He was found not guilty under section 486, guilty under section 484, and, as the Magistrate described it "in a technical sence" guilty under section 332. This phrase is no doubt meant