Iddagoda vs. Magistrate of Colombo and Another – sllr 2021 volume 2 page 257

In the case between the Petitioner (a former employee of Hayleys Aventura (Pvt) Limited) and the Magistrate of Colombo, with indirect involvement of Hayleys Aventura (Pvt) Limited, the court addressed whether the issuance of summons under section 136(1)(a) of the Code of Criminal Procedure was properly grounded. It was held that the Magistrate had failed to undertake an objective and thorough evaluation of the materials to ascertain sufficient grounds for the alleged offence, particularly concerning the possession and willful disclosure of confidential information. The principle reaffirmed is that a judicial officer must exercise independent and objective scrutiny before subjecting an individual to criminal process, especially in matters involving private complaints. Reliance was placed on