DAYARATNE v. BOWIE
1964 Present
: Sri Skanda Rajah, J.
W. G. DAYARATNE, Appellant, and T. A. BOWIE (I. P. Crimes),
Respondent
S. C. 947-M. C. Colombo, 23020 /A
Criminal
procedure-Accused produced in custody without process-Duty of Magistrate to
examine informant and other persons forthwith-Meaning of word
"forthwith"-Criminal Procedure Code, ss. 148 (1) (d), 151 (2), 190-Civil
Procedure Code, s, 756.
By section 151 (2) of the Criminal Procedure Code :-
" Where proceedings have been instituted under paragraph (d) of section 148 (1),
the Magistrate shall forthwith exanine on oath the person who has brought the
accused before the court and any other person who may be present in court able
to speak to the facts of the case. "
Held, that the word " forthwith " means " within a reasonable time
" or " as soon as practicable ".
Issadeen v. Inspector of Police, Badulla (65 C. L. W. 18) not followed.
APPEAL
from a judgment of the Magistrate's Court,
Colombo.
Accused-Appellant in person.
D. S. Wijesinghe, Crown Counsel, for the Attorney-General.
January 6, 1964. SRI SKANDA RAJAH, J.-
Learned Crown Counsel brings to my notice that this accused was pr
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