L.B. Kothelawala and Others vs Daya Ranjith Senanayake – CA PHC APN 277/2005-2011

In the case between L.B. Kothelawala and others (Accused Petitioners) and Daya Ranjith Senanayake (Complainant/Respondent), the issue concerned whether persons alleged to have given false evidence were entitled, as a matter of right, to be heard before the High Court made a statutory complaint to the Magistrate’s Court under Sections 135 and 136(1)(f) of the Code of Criminal Procedure Act for perjury. It was determined that no such mandatory hearing is required at the preliminary stage of the High Court’s consideration to make a complaint for perjury; the eventual opportunity for a hearing arises only during subsequent proceedings before the Magistrate’s Court if charges are framed. The principle reaffirmed is that statutory procedure does not require an accused to be heard on the threshol