1940 Present : de Kretser J.

CADER, Appellant, and KARUNARATNE,
Respondent

331-M. C. Colombo, 9,415

Criminal Procedure-Proceedings against accused on Police report-Accused appears in Court-Magistrate not bound to examine complainant before framing charge-Criminal Procedure Code, s. 151 (3).

When proceedings are initiated against an accused person under section 148 (1) (b) of the Criminal procedure Code on a report by the Police and the accused appears in Court without a warrant or summons the Magistrate is not bound to examine the complainant before framing a charge.

Varghese v. Perera (43 N. L. R. 564) distinguished.

APPEAL from a conviction by the Magistrate of Colombo.

H. W. Jayewardene (with him S. Ahmed), for appellant.

H. A. Wijemanne, C. C., for complainant, respondent.

June 21, 1943, DE KRETSER J.-

The accused was charged on a report made by the Police under section 148 (1) (b) of the Criminal Procedure Code. He had been arrested the previous night and then he had given bail to appear in Court. At the time the report was received by the Court, the accused appeared before Court. The Magistrate thereupon framed a charge to w