Don Abraham, R.A. V. Christoffelsz, T.H.

1953 Present: Nagalingam A.C.J.

R. A. DON ABRAHAM, Petitioner, and T. H. CHRISTOFFELSZ
(Inspector of Police), Respondent

S. C. 171-Application in Revision in M. C, Kanadulla, 524
 

Autrefois acquit-Failure of prosecutor to lead evidence-"Discharge" of accused Right of prosecutor to institute fresh proceedings-Criminal Procedure Code,.ss. 190, 330.

On the date of trial of a summary case the chief witness for the prosecution was absent although summons had been served on him. The prosecuting: officer did not apply for a warrant on the witness, but stated that he was not prepared to go on with the case. Thereupon, the Court " discharged " the accused.

Held, that the order of discharge was tantamount to an acquittal under section 190 of the Criminal Procedure Code and that the accused could not be prosecuted again in respect of the same charge.

APPLICATION to revise a judgment of the Magistrate's Court, Kanadulla.

W. D. Gunasekera, for the accused petitioner.

A. Mahendrarajah, Crown Counsel, for the Attorney-General.

September 15, 1953. NAGALINGAM A.C.J.-

This is an application in revision by the accused who has been c

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