1962 Present: Sansoni, J., and Sinnetamby, J.

G. PIYADASA, Appellant, and THE QUEEN, Respondent

 S. C . 109/1961-D. C. (Crim.) Hambantota, 40/28342

Indictment-Joinder of charges-Consolidation, in one indictment, of offences inquired into in separate non-summary proceedings-Illegality-Criminal Procedure Code, ss. 165F, 185F (1A), 425.

It is illegal for the Crown to join in one indictment charges which formed the subject of separate non-summary proceedings terminating in separate commitments.

Three separate non-summary inquiries were held against the same accused person in respect of three cases of cheating. In each of the three cases the Magistrate committed the accused to stand his trial in the District Court, but the Attorney-General drew up one indictment containing the counts inquired into in the three cases.

Held, that the indictment was not valid and the District Judge had no jurisdiction to try the accused on it. In such a case, the error strikes at the root of jurisdiction and cannot, therefore, be cured under section 425 of the Criminal Procedure Code.

                              The King v. Michael Fernando (1951) 52 N. L.