Officer In Charge Police Station Negombo vs. Rankaduwage Emmanuel Fernando – CA PHC APN 152/2015-2016

In the case between Officer In Charge, Police Station, Negombo (Complainant/1st Party Respondents) and Arappalage Ruwan Savior Bernard (2nd Party Respondent-Petitioner), the court addressed the issue of whether a revision application lies under Section 11(1) of the High Court of the Provinces (Special Provisions) Act No. 19 of 1990, read with Article 138 of the Constitution, against orders made by the High Court and the scope of appellate jurisdiction of the Court of Appeal in such instances. It was held that the Court of Appeal’s powers to correct errors of law or fact extend only to the High Court’s exercise of original criminal jurisdiction, but a stay of proceedings may be issued for limited practical reasons. The principle reaffirmed was that revisionary powers of the Court of Appeal