William perera Et Al., V. Inspector Of Police

1949 Present : Windham J. and Gratiaen J.

WILLIAM PERERA et al., Appellants, and  INSPECTOR OF POLICE, MAHARAGAMA, Respondent

S. C. 375-376-M. C. Colombo South, 20,548

    Criminal Procedure Code-Magistrate assuming jurisdiction as District Judge-Replaced by another Magistrate after commencement of proceedings-Successor continues proceedings without independent decision to act under Section 152 (3)-Conviction not vitiated-Sections 152 (3) and 292-Courts Ordinance, Section 88.

   Magistrate G, without proceeding to hear any evidence, recorded: " I peruse the B reports and as facts are simple I assume jurisdiction as Additional District Judge ". The accused were thereupon charged and the hearing of the case was adjourned. By the time of the adjourned hearing Magistrate G had been transferred, and Magistrate W, his successor, who was also an Additional District Judge, proceeded to record the evidence and eventually to convict the accused.

  Held, (i) that there was a proper assumption of jurisdiction by-Magistrate G under section 152 (3) of the Criminal Procedure Code

   (ii)

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