30/13( 150 )
Garvin J.
K annangara
section 157 which a Police Magistrate is empowered to make in theexercise of his own discretion a discharge under section 158 is inthe discretion of the Attorney-General. In communicating theorder of the Attorney-General to the accused and giving effect to it,the Police Magistrate is not giving judgment or making a final orderwithin the meaning of section 338 any more than in the case wherelie is communicating and giving effect to an order made in appealby the Supreme Court.
Having regard to Chapter XVT, as a whole and to the circumstancethat the only section which expressly contemplates an order ofdischarge made by a Police Magistrate in his own discretion (section157), is expressly excluded from the purview of section 338, my ownopinion is that in discharging or committing a person under thediscretions of the Attorney-General the Magistrate is not makingfinal orders such as are contemplated by section 338. But evenif one were to assume that the order of discharge made by the PoliceMagistrate is a final order of the Police Court within the meaningof section 338, then the order is clearly right; for the law states thatupon receipt of the direction from the Attorney-General that theaccused be discharged he shall be forthwith discharged. In so far,therefore, as this discharge is an order of the Police Court, it isunimpeachable. What Counsel is endeavouring to do is to obtaina revision by this Court of the direction given by the Attorney-General to the Magistrate to discharge an accused. I am aware ofno provision of law which enables that to be done. The appellantis, therefore, upon the horns of a dilemma. If the discharge amountsto a final order of the Police Court the order is correct; if it does not.he has no remedy since the law has made no provision for the revisionof a direction by the Attorney-General that the accused be dis-charged under section 158 of the Criminal Procedure Code.
The objection to this appeal is sound and must be upheld. Theappeal is accordingly dismissed.
Appeal dismissed.