Neil Fernando v. Ranjith Cooray and Others – sllr 1999 volume 1 page 281

In the case between Neil Fernando (the funeral undertaker) and Ranjith Cooray and others (complainant petitioners), the court addressed whether an order made under section 101 of the Code of Criminal Procedure Act, which regulated the undertaker’s embalming operations, constituted a final order subject to appeal and whether the Magistrate’s procedure, based on affidavit evidence, was proper. It was held that such an order is appealable under section 320(1), and the High Court’s setting aside of the Magistrate’s order based on extraneous matters was unwarranted. The principles underlying appellate jurisdiction and procedural propriety under the Code of Criminal Procedure Act were reaffirmed, emphasizing that extraneous evidence should not override procedure stipulated by law. The decision e