Attorney General V. Kanagaratnam Et Al.,

1950 Present : Nagalingam J. and Pulle J.

ATTORNEY-GENERAL, Applicant, and KANAGARATNAM et al.,

Respondents

S. C. 239-Application in Revision in

 M. C. Nuwara Eliya, 4,944

Revision-Power of Supreme Court to revise orders of Magistrate in a non-summary inquiry-Criminal Procedure Code (Cap. 16), ss. 5, 356, 357, 358-Effect of words " whether already tried or pending trial "-Courts Ordinance (Cap. 6), ss. 19 (b), 36, 73.

Non-summary inquiry-Duties and obligations of Magistrate vis a vis the Attorney-General-Scope of power of Attorney-General to issue instructions to Magistrate- Criminal Procedure Code (Cap. 16), s. 390 (2).

The powers of revision given to the Supreme Court by section 356 of the Criminal Procedure Code should be read with section 19 (b) of the Courts Ordinance and section 5 of the Criminal Procedure Code and extend, therefore, to the revision of orders made by a Magistrate in the course of non-summary proceedings, whether such orders were made prior to or subsequent to the presentation of the indictment against the accused.

In a non-summary inquiry, the Magistrate cannot question the validity of an or

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