Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 138

Procedure in certain cases where accused is unknown

138.
(1) Where the offence alleged in any proceedings instituted under section 136 (1) (a) or section 136 (1) (b) is not one triable summarily by him, the Magistrate may, although no person by name is accused of having committed such offence, examine on oath the complainant or informant and any other person who may appear to the Magistrate to be able to speak to the facts of the case. Such examination may if the Magistrate thinks fit be held in private.
(2) Every examination held by the Magistrate under subsection (1) shall be reduced into writing and. after being read over and if need be-interpreted to the person examined shall be signed by him and also by the Magistrate and dated.
(3) If, after such examination, there is in the opinion of the Magistrate sufficient ground for proceeding against any person, he shall issue process against such person in the manner provided by section 139.


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