Damayanthi Siwarasa vs OIC Police Station, Mundalama – CA PHC APN 185/2013-2013

In the case between Damayanthi Siwarasa (Petitioner) and the OIC, Police Station, Mundalama, and Hon. Attorney General (Respondents), the court addressed the issue of whether the petitioner’s revision application concerning bail should proceed before the Court of Appeal or be withdrawn to permit an application afresh for bail in the High Court. It was held that, upon the counsel’s request, the appeal was permitted to be withdrawn, leading to the dismissal of the revision application. The principle reaffirmed is that, where a petitioner elects to withdraw an application before one court with the intention to pursue relief in the appropriate forum, such withdrawal may be allowed, thereby terminating current proceedings without prejudice to subsequent proceedings in the competent court. This