Attorney General V. Sri Skandarajah

1952 Present: Nagalingam S.P.J., Gratiaen J. and Pulle J.

THE ATTORNEY-GENERAL; Applicant, and SRI SKANDARAJAH,
Respondent

S. C. 595-IN THE MATTER. OF AN APPLICATION FOR A WRIT OF
MANDAMUS ON P. SRI SKANDARAJAH, CHIEF MAGISTRATE, COLOMBO

Criminal Procedure Code-Non-summary inquiry-Assumption by Magistrate of summary jurisdiction-Power of Attorney-General to give instructions to Magistrate in summary, proceedings-Meaning of term " inquiry "-Sections 152 (3), 390 (2).

After a Magistrate, during a non-summary inquiry relating to an indictable offence, has assumed summary jurisdiction under section 152 (3) of the Criminal Procedure Code, the Attorney-General has no power under section 390 (2) of the Code to direct the Magistrate to discontinue the summary proceedings and take non-summary proceedings. The power of the Attorney-General to give instructions to a Magistrate is limited to non-summary inquiries under Chapter 16 of the Code and does not extend to trials either of summary offences or of non-summary offences in respect of which the Magistrate has assumed jurisdiction under section 152 (3).

THIS was an application for

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