D.M.Lionel Senevirathna v. Officer In Charge, MO Branch, Kegalle and Hon. Attorney General – CA PHC 04/2017-2021

In the case between D.M. Lionel Senevirathna (Accused–Petitioner–Appellant) and the Officer In Charge, MO Branch, Kegalle (Complainant–Respondent–Respondent) along with the Hon. Attorney General (2nd Respondent–Respondent), the principal legal issue concerned whether the Magistrate’s Court and subsequently the High Court erred in allowing an amendment of the charge sheet by deleting a name after the close of the prosecution case, contrary to the procedure outlined in sections 167 and 186 of the Code of Criminal Procedure (CPC). It was held that, despite procedural deficiencies and poor drafting in the appeal, substantive justice dictated that deletion of a name from the charge did not constitute a valid amendment under section 167(3) of the CPC. Both the Magistrate’s and High Court’s order