Mendis Singho V. Attapattu

1951 Present: Swan J.

MENDIS SINGHO, Appellant, and ATTAPATTU
(Inspector of Police), Respondent

S. C. 745-M. C. Gampaha, 56,845
 

Criminal Procedure Code, s. 152 (3)-Assumption of jurisdiction thereunder-Power of Court to try case de novo as Magistrate.

Once a Magistrate who is also a District Judge has assumed jurisdiction as a District Judge and tried a case in that capacity he should deliver judgment. He is not entitled to try the case de novo as Magistrate even though the offence in question is summarily triable by a Magistrate's Court.

APPEAL from a judgment of the Magistrate's Court, Gampaha.

Asoka Obeyesekera, with R. Wanasundera, for the accused

V. G. B. Perera, Crown Counsel, for the Attorney-General

Cur, adv. vult.

October 10, 1951. SWAN J.-

In this case the learned Magistrate has been guilty of an irregularity which, in my opinion, vitiates the entire proceedings. The charge was one of mischief under Section 412 of the Penal Code. The case first came up on August 21, 1950, before Mr. F. E. Alles, Magistrate of Gampaha. After recording the evidence of the chief witness for the prosecution, the learned Magistrate who

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