The Attorney-General V. Silva.M. D. J.

1959 Present: H. N. G. Fernando, J.

THE ATTORNEY-GENERAL, Appellant, and M. D. J. SILVA,
Respondent

S. C. 453-M. C. Kurunegala, 32206

    Charge-Summary procedure-Failure to frame charge properly-Discovery of after closure of defence-Resulting position-Criminal Procedure Code as. 181, 190.

Where, in a summary trial, after the closure of the case for the prosecution and the announcement by the defence not to lead evidence, it was discover that the so-called "charge sheet " was a mere blank form which contain no charge but only the record of the accused's plea of not guilty-

Held, that the proper order which the Magistrate could have lawfully me at that stage was one of acquittal under section 190 of the Criminal Procedure Code.

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

Ananda Pereira, Crown Counsel, for the Attorney-General.

A. H. C. de Silva, Q. C., with M. M. Kumarakulasingham, for 1 Accused-Respondent.

Cur. adv. vult.

April 24, 1959. H. N. G. FERNANDO, J.-

The accused in this case was alleged to have committed certain offer against the Betting on Horse-Racing Ordinance. A report in to behalf

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