037-NLR-NLR-V-03-URANERIS-v.-JANDRIS-et-al.pdf
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1807.
December 13.
URANERIS v. JANDRIS el al.
P. C., Balapitiya, 17,061.
Making false charge—Complaint direct to Magistrate—Liability of com-plainant to fine—Ordinance No. 16 of 1865, s. 54.
A Magistrate has no power, in a case in which he finds that thecomplainant had not sufficient grounds for making the charge, toimpose a fine on the complainant under section 54 of OrdinanceNo. 16 of 1865, if the complainant had made his complaint direct tothe Magistrate and not to a police officer in the first instance.
T N this case the complainant on the 4th May, 1897, presenteda plaint to the Police Magistrate, in which he charged theaccused with having voluntarily caused hurt to him with a knife.The accused were tried on the above charge on the 1st October,and in acquitting them the Magistrate made order as follows :—
. “I feel it my duty not to overlook the conduct of the complainant“ in having made this charge against the accused without sufficient“ grounds for making it. I consider it expedient, in the interests of“ justice, to deal with him severely, as it is an acknowledged fact“ that there is a tendency on the part of some people in this district“ to prefer false charges of cutting and stabbing against their enemies“ with the view of having them lashed, and thereby bring them to“ disgrace. I sentence complainant to pay a fine of Rs. 50, in“ default to one month’s simple imprisonment, as provided for by“ section 54 of Ordinance No. 16 of 1865.”
From the above order the complainant appealed.
W. Pereira, for appellant.
Cur. adv. vult.
13th December, 1897. Lawbie, A.C.J.—
Mr. Pereira argued that the 54th section of the Police Ordinance,No. 16 pf 1865, did not apply to cases where the complaint wasmade direct to the Magistrate, but only to cases in which an acousedwas given in charge to a police officer, or in which a chargewas made to a police officer on an information or complaint laidbefore a police officer. I agree in that the Ordinance regulatespolice matters only. This complaint was made to the Magistrate,not to the police, and the 54th section does not apply. I thereforeset aside the order appealed against.
1807.
December 13.