Rupasinghe Arachchige Noyel Sarath vs Hon. Attorney General – CA 189-A/2002-2013

In the case between Rupasinghe Arachchige Noyel Sarath (Appellant) and Hon. Attorney General (Respondent), the court addressed the issue of whether the accused-appellant’s appeal should be withdrawn upon application by counsel. It was determined that the appeal was properly withdrawn and dismissed in accordance with procedural requirements, confirming that an appeal may be dismissed upon motion when the appellant is present and represented. The decision reaffirmed the principle that an appellant may, through counsel, move to withdraw an appeal with the court’s permission, and highlighted the importance of the accused’s presence and representation. This approach aligned with accepted appellate practice by ensuring procedural safeguards during withdrawal.

Sisira de Abrew J. — The appellant