Fernando vs Fernando – clr volume 3 page 013_1

In the case between the complainant and Fernando, the court addressed the issue of whether a Police Magistrate possesses jurisdiction under the amended Criminal Procedure Code (as revised by Ordinance No. 22 of 1890) to order a complainant to pay Crown costs when the accused is discharged in a matter not triable summarily. It was held that the Magistrate’s authority to order costs is confined only to cases summarily triable before him, reaffirming the principle that statutory powers must be strictly construed within their textual limits. The decision relied on the interpretation of section 236 of the Criminal Procedure Code as amended, emphasizing that the addition of the phrase “under this chapter” restricts the Magistrate’s power, thus requiring the setting aside of the costs order in no