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DAYARATNE v. BOWIE


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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