JAYATILLEKE v. UDIYA

096-NLR-NLR-V-26-JAYATILLEKE-v.-UDIYA.pdf


( 496 )
1986.[In Revision.]
Prevent: Ennis A.C.J.
JAYATILLEKE ». UDIYA.P. C. Kegalla, i,187.
Security for good behaviour—I information on oath—Form of mnmou*—
Truth of information—Criminal Prccdurc Code, s. 83.
The information upon which proceedings are initiated undersection 83 of the Criminal Procedure Code, to bind over & personto be of good behaviour, must be given on oath; and the summonsissued in pursuance thereof must contain the substance of theinformation.
When a person appears in compliance with the summons, sheMagistrate should proceed to inquire into the truth of the informa-*tion before he makes an order.
PPLICATIOX by the Solicitor-General to revise proceedings.
J. £. M. Obeyesehere, C.C., in support.
May 8, 1925. Exxis A.C.J.—
* 0
This is an application by the Solicitor-General to revise certainproceedings. The application is made in the interests of theaccused, and there is no occasion to serve him with notice. Itappears that the accused is in jail in default of entering into a bondto be of good behaviour. The order was made under sectionof the Criminal Procedure Code. The information upon which .thesummons was issued does not appear to have been adequate for thepurpose of the issue of the summons. Moreover, it is desirablethat information of this character should be made upon bath, evenalthough the Code does not expressly say so. The summons, how-ever, should have contained a statement of the substance of theinformation on which the summons was issued. Here the chargedoes not comply with the requirement. Finally, under section 87of the Criminal Procedure Code when a person appears in compliancewith the summons, .the Magistrate is required to proceed to inquireinto the truth of the information. That does not appear to havebeen done in this case. No inquiry of any kind was made. Theaccused was called upon to show cause, and when he stated that hehad no cause to show the order was made. In these circumstancesI set aside the order, and direct that the accused be released.
Set aside.