1950 Present: Jayatileke C.J. and Swan J.

PERERA (S. I. Police), Applicant, and PAULU SUARIS

et al., Respondents

S. C. 538-Application in revision in M. C. Kanadulla, 2,415

Criminal procedure-Prosecution initiated by police officer-Right of private pleader to conduct prosecution-Criminal Procedure Code (Cap. 16), sections 148 (1) (6), 199.

A police officer made a report under section 148 (1) (6) of the Criminal: Procedure Code in respect of the commission of an offence which was triable summarily. On the date of trial he stated that he appeared for the prosecution. A Proctor then appeared and stated that he had been retained by the aggrieved party to conduct the prosecution and claimed the right to do so. The police officer opposed the application on the ground that the prosecution had been initiated by him.

Held, that a police officer who institutes proceedings in the Magistrate's, Court is entitled to appear and conduct the prosecution at the trial. A police officer who makes a written report to a Magistrate comes within the words " complainant " or " any officer of any Government Department " in section 199 of the Criminal Proce