Vander Poorten V. Vander Poorten.

1946 Present: Soertsz S. P. J.

VANDER POORTEN, Petitioner, and VANDER POORTEN,
Respondent.

Application in Revision, M. C. Kandy, 14,960.

Abetment-Private prosecution for abetment of forgery and of fabrication of false evidence-Sanction of Attorney-General not necessary-Order of discharge wrongly entered for want of Attorney-General?s sanction-Remedy is by way of revision- Penal Code, ss. 454/109, 190/190.

Although the sanction of the Attorney- General is necessary to enable a private party to prosecute the alleged offender in a prosecution for forgery, under section 454 of the Penal Code, or for fabrication of false evidence, under section 190 of the Penal Code, the abetment of those offences is not subject to the same requirement.

The remedy of a complainant against an order wrongly entered by Court discharging the accused on the ground that sanction of the Attorney- General had not been obtained by the complaint is by way of application in revision and not by way of appeal.

THIS was an application to revise an order of discharge entered by the Magistrate of Kandy.
   
                  N.  Nadarajah, K. D. (with him N.

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