1942 Present: Moseley S.P.J., Soertsz and Wijeyewardene JJ.

TENNEKOON v. MARADAMUTTU.

615-22-M. C. Hatton, 1,034.

Criminal Procedure-Summary trial-Addition of fresh charge--Assumption of jurisdiction as District Judge-Reading over of evidence of witnesses to accused-Criminal Procedure Code, s. 152 (3).

Where a Magistrate who has started summary proceedings on charges which he can try summarily adds a charge of such a nature that, unless he assumes jurisdiction under section 152 (3) of the Criminal Procedure Code, he cannot try the case summarily, he is not bound to start proceedings de novo.

Gressy v. Direckze (6 N. L. R. 33) followed.

Sub-Inspector of Police Alles v. Charles Appuhamy (20 C .L. W, 100) overruled. .

CASE referred by Nihill J. to a Bench of three Judges.

The facts are stated in the reference as follows: -In this case the thirteen accused-appellants were charged before the Magistrate of Hatton with offences involving unlawful assembly and simple hurt. The Magistrate proceeded to try the accused summarily. After hearing tour of the witnesses for the prosecution and the medical evidence he amended the charges so as to