Nuwara Pakshage Titus Surendra Perera v. Hon. Attorney General – CA 307/2012-2014

In the case between Nuwara Pakshage Titus Surendra Perera (Accused-Appellant-Petitioner) and the Hon. Attorney General (Complainant-Respondent-Respondent), the court addressed whether the trial and conviction of the Accused-Appellant in absentia at the High Court of Colombo violated Section 241 of the Code of Criminal Procedure Act due to alleged procedural irregularities, particularly the absence of a proper inquiry and proof of service of summons. It was held that the orders to try and convict the Accused-Appellant in absentia were nullities, given the lack of satisfaction of statutory requirements under Section 241, specifically the failure to ensure evidence of proper service and to conduct a legal inquiry before proceeding in absentia. The principle reaffirmed is that statutory proced