Paulu vs Daniel – clr volume 2 page 051

In P. C. Avisawella v. Daniel, the court addressed whether a police magistrate may declare a criminal complaint frivolous and vexatious, and order compensation and crown costs, before hearing all admissible evidence. It was held that under sections 222 and 223 of the Criminal Procedure Code, a magistrate is empowered to acquit an accused at any stage by providing recorded reasons, but is not authorized to label a complaint frivolous or order related compensation until completion of the prosecution’s evidence. This decision clarified the procedural boundaries imposed by the statutory framework, underscoring that adverse findings and orders against a complainant must follow full presentation of evidence.

Lawrie J. — The findings established that, although sections 222 and 223 of the Crimin