Wijesekara Prema Lasith Kithsara vs Hon. Magistrate, Magistrate’s Court, Maligakanda, Hayleys Aventura (Pvt) Ltd – CA WRIT APPLICATION NO. 355/2020-2021

In the case between Wijesekara Prema Lasith Kithsara Abeygunewardena and Dulanjalee Gamagedara (petitioners) and Hayleys Aventura (Pvt) Ltd and the Hon. Magistrate, Magistrate’s Court, Maligakanda (respondents), the court considered whether the orders made by the Magistrate to issue summons on the petitioners should be quashed by way of Writs of Certiorari and Prohibition under Article 140 of the Constitution. The petitioners challenged the Magistrate’s exercise of powers under Section 139 of the Code of Criminal Procedure Act No. 15 of 1979. It was determined that judgment in a related case (CA (Writ) Application No. 211/2020), where a similar order to issue summons was quashed but the respondent’s right to reapply under the statute was preserved, would be binding on these proceedings. Th