W. Joseph Ivon Fernando vs Officer in Charge, Special Crimes Investigations Bureau – CA PHC APN 112/2013-2013

The case between W. Joseph Ivon Fernando (Accused-Petitioner) and Officer in Charge, Special Crimes Investigations Bureau, Police Station, Marawila (Complainant-Respondent), addressed the withdrawal of the Petitioner’s application in ongoing criminal proceedings before the Magistrate’s Court Marawila and the High Court Chilaw. It was determined that the application to withdraw the petition was granted, resulting in dismissal of the application without costs. The principle reaffirmed is that when a party seeks withdrawal of their own application, and it is unopposed, the court may permit it without a decision on the merits. No substantive findings were made on the underlying legal dispute.

K. T. Chitrasiri J. — Upon consideration of the submission by learned counsel for the Petitioner see