( 449 )
• [Is Revision.]l®14.
Present: Pereira J.
P. C. Chilaw, 41,071.
Offence under the Police Ordinance—May a person other than a policeofficer prosecute ‘
Anybody may, a* a general rule, give a Police Court informationof an offence, and it is open to the Court to commence proceedingson information so given. The Court may, however, in its discretionrefuse to entertain a complaint where it appears that the com-plainant has no interest whatever in the prosecution, especiallywhere the alleged offence is against a law passed for the benefit orprotection of a certain class of persons.
An Inspector of a Local Board prosecuted a person for obstructionof a public thoroughfare under the Police Ordinance. The Magis-trate discharged the accused on the ground that complainant couldnot prosecute in respect of an offence under the Police Ordinance.Held, that r the prosecution was in order.
HE complainant, Inspector of the Local Board of Chilaw,prosecuted the accused for obstructing a thoroughfare under
the Police- Ordinance. The Magistrate acquitted and .dischargedthe accused on’ the ground that a person other than a police officercould not prosecute under the Police Ordinance.
The complainant moved the Supreme Court by way of revision.Sansoni, for applicant.
September 23, 19J4. Pereira -J.—
. This is a prosecution under the Police Ordinance instituted bythe Inspector of the Local Board of Chilaw. The Magistrate hasdismissed the charge and acquitted and discharged the. accused,:because, in his opinion, the complainant could not prosecute inrespect of an offence under the Police Ordinance as he was not apciiice officer. Now, the general rule is that anybody may givea::’Police‘ Court information’ of an offence, and it is quite open tothe Court to commence proceedings on information so given.’The Court may, however, in its discretion refuse to entertain acomplaint where: it appears. that. the complainant. has no interestwhatever in the prosecution, especially where, the. alleged, pffenee. i.sagainst .a law passed for-the benefit or protection of a certain class13J. 25. B 18328 (7/52)
Pereira J.
Inspector,Local Boos’dChilaw, v.SoUamuttn
of persons. That cannot be said with reference to the presentprosecution. The offence complained of is the obstruction of apublic thoroughfare, and an Inspector of a Local Board can hardlybe said to be a person not interested in his official capacity inseeing that the public thoroughfares of his town are free fromobstruction. In revision I quash the order dismissing the chargeand acquitting and discharging the accused, and remit the case tothe Police Court to be proceeded with in due course.
Proceedings quashed and case remitted.