Sri Lanka Consolidated Acts

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Primary Courts' Procedure Act (No. 44 of 1979) - Sect 4

Right of Court of Appeal or Attorney-General to direct transfer of criminal case to Magistrate's Court

4.
(1) Where a criminal prosecution or proceeding for an offence within the exclusive jurisdiction of a Primary Court is pending in such court it shall be lawful, where it is deemed to be appropriate in the circumstances, for the Court of Appeal on an application by any party interested or for the Attorney-General, to direct the transfer of such prosecution or proceeding to a Magistrate's Court specified in such direction.
(2) Where a direction made under subsection (1) is communicated to the Judge of the Primary Court in whose court such case is pending, he shall stop the further progress of the case and transmit the case record and all connected papers to the Magistrate's Court specified in such direction.
(3) The Magistrate's Court referred to in subsection (2) shall proceed to hear, try and determine such case transferred to it as if it were a prosecution or proceeding instituted in that Magistrate's Court and shall have and be vested with full power and jurisdiction so to do.


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