The Attorney General V. Seedin

1950 Present: Nagalingam J.

THE ATTORNEY-GENERAL, Appellant, and SEEDIN, Respondent

S. C. 882-M. C. Matara, 17,713

Criminal procedure-Non-cognizable offence-Power of police officer to institute criminal proceedings-Criminal Procedure Code, ss. 129, 148 (1) (b)-Police Ordinance, ss. 57, 71.

A police officer or a peace officer may institute proceedings under section 148 (1) (b) of the Criminal Procedure Code in respect of a non-cognizable offence without obtaining a prior order from a Magistrate under Section 129 to investigate the offence.

APPEAL from a judgment of the Magistrate's court Matara.

T, S. Fernando, Crown Counsel, with A. Mahendrarajah, Crown Counsel, for the Attorney-General.

A. L. Jayasuriya, for the accused respondent.

October 12, 1950. NAGALINGAM J.-

The proceedings in this case commenced with a report under Section 148 (1) (b) of the Criminal Procedure Code by an Inspector of Police reporting to Court that the accused respondent had committed offences punishable under Sections 409 and 486 of the Penal Code. The Magistrate entertained the plaint and issued summons. The accused having pleaded not guilty, the

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