De Silva, A.J.M. V. Magistrate.

1943 Present: de Kretser J.

A. J. M. DE SILVA v. MAGISTRATE, GAMPOLA, AND
POLICE: INSPECTOR HERAT.

IN THE MATTER OF AN APPLICATION FOR A WRIT OF Mandamus

IN M. C. GAMPOLA, 4,421

Writ of mandamus-Cas pending before Magistrate-Case instituted by Police-Right of complainant's proctor to appear-Criminal Procedure Code, s. 148 (1) (b).

Where proceedings are instituted in a Magistrate's Court on a report by a police officer under section 148 (1) (b), a police officer is not entitled to conduct the prosecution.

A proctor retained by the complainant has the right to appear for him and conduct the prosecution.

THIS was an application for a writ of mandamus on the Magistrate of Gampola.

H. V. Perera, K.C. (with him S. P. Wijeyewickreme) in support.

G. E. Chitty, C.C., as amicus curiae.

Cur. adv. vult.

July 7, 1943. DE KRETSER J.-

The point raised in this application is said to arise rather frequently in recent times, and both the Attorney-General's Department and members of the legal profession are anxious that it should be authoritatively decided. I was inclined, therefore, to have the case sent up before

a Divisional Benc

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