Thuppahi Premadhasa vs Officer-In-Charge, Police Station, Rathgama – CA PRC 172/2006-2006

In the case between Thuppahi Premadhasa (Appellant/1st Respondent-Petitioner) and Officer-in-Charge, Police Station, Rathgama (Complainant-Respondent), with Sammu Padhmasiri (2nd Respondent), the court addressed the issue of whether a Magistrate may summon oral evidence without the parties’ explicit consent during an inquiry under Section 66 of the Primary Courts’ Procedure Act, where the default procedure relies on affidavits and documents. It was held that the Magistrate’s discretion permits calling oral evidence under Section 72(b) of the Act where determination from the written record is insufficient, so long as no prejudice is caused and parties are afforded the opportunity to participate. The principle reaffirmed is that judicial discretion may be exercised for the just resolution of