[ASSIZE COURT]

1951 Present . Gratiaen J.

THE KING v. MICHAEL FERNANDO

S. C. 45-M. C. Kanadulla, 4,124 /4,125

Criminal procedure-Joinder of charges-Two offences of same kind committed within a. year-Separate non-summary proceedings and committals-Subsequent joinder of charges in the same indictment-Propriety of such procedure-Separate trials for counts in same indictment-When permissible-Indictments Act, 1915, of England, s. 5 (3)-Indictment-Improper committal on insufficient evidence-Amendment of indictment to supply vital gaps-Not permissible Criminal Procedure Code, ss. 172, 179.

Separate and distinct non-summary proceedings were conducted against the accused in respect of two offences of the same kind committed within twelve months and the accused was committed for trial in the Supreme Court in each case. Subsequently a single indictment was presented to the Supreme Court in the name of the Attorney-General charging the accused on two separate counts with the commission of the respective offences which had been the subject of the separate Magisterial inquiries.

Held that while it was not illegal for the Crown to join in the s