050-NLR-NLR-V-67-THE-QUEEN-v.-W.-FRANCES.pdf
SRI SKA}jDA RAJAEE, J.—The Queen v. Francesv . *
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1065Present: Sri Skanda Rajah, J.
THE QUEEN v. W. FRANCESFor an order of Court in M. C. Colombo South, 30507fB
Appeal—Loss of record of case—Resulting position.
While tbe appeal preferred by an accused who was convicted was pending,the record of tbe case was lost.
Held, that, in the circumstances, the proceedings should be quashed with,liberty to the complainant to bring a fresh charge.
Appeal from a judgment of the Magistrate’s Court, Colombo SouthsV. C. B. Rdtnayake, Crown Counsel, for the Attorney-General.
April 9, 1965. Sri Skanda Rajah, J.—
In this case it would appear that after the accused was convicted,he appealed. Since then the record is said to have been lost. In thesecircumstances, I would follow the case In the matter of an applicationin respect of the loss of record in P. C. Pariadure case No. 14,141, 7 Timesof Ceylon Law Reports, page 43 and quash the previous proceedings,with liberty to the complainant to bring a fresh charge.
Proceedings quashed.