Gunawardena vs Attorney General – CA NO: 28/2013-2014

In the case between P.A. Chandana Anura Gunawardena (Petitioner) and the Hon. Attorney General, Attorney General’s Department, Colombo 12 (Respondent), the court addressed the issue relating to the withdrawal of a pending appeal by the Accused-Appellant in connection with a criminal case before the High Court of Gampaha (Case No — 19/03). It was determined that upon application by counsel for the Accused-Appellant, the appeal was permitted to be formally withdrawn, resulting in its dismissal. The principle established is that an appellant, subject to the Court’s leave, may withdraw an appeal at any stage prior to final determination. This decision was grounded in procedural fairness and aligned with accepted appellate practice by emphasizing judicial discretion regarding withdrawal of app