( 187 )
Present: Bertram C.J.
Application re Appeal in P. G. Hambantota 4,342.
Appeal—Magietsrate has no right to refrain from sanding appeal to Supreme•Court./
A Magistrate to whom a petition of appeal is tendered is not-entitled to refrain, from, transmitting it to the Supreme .Court on’ the ground that it.is a osse in which no appeal lies.
.A. St. V. Jayawdrdene (with him J. 8. Jayawardene andft. V. Perera), for the applicant.
September 6, 1920. Bertram C.J.—
. The only Joint I have to decide at this stage of the case is whetherthe Magistrate to whom-a petition of appeal was tendered in thiscase was. entitled to refrain from transmitting it in accordancewith the provisions of seotion 342 of the Criminal Procedure Code,on the ground that this was a case in which no appeal lay, beinga refusal to issue process (see section 337). In a previous oase—Fernando j>. Costa I mentioned that this was a point which someday would, come up for formal decision. I am unable to see whatjustification the Magistrate has in withholding from the SupremeCourt a petition which is addressed to the Supreme Court. There isno provision in chapter XXX. entitling him to reject suoh a petition.•’It is for. the Court of Appeal to decide whether an appeal lies to itor not. An orderwill issue to the Magistrate to transmit the petitionof appeal in accordance with section 342.
♦- 1
1 (19IS) 6 O. W. R. 221.