Kanchana Thusantha vs. Officer in Charge, Police Station, Kegalle – CA PHC APN 118/2014-2022

In Officer in Charge, Police Station, Kegalle v. Kanchana Thusantha, the court addressed the validity of criminal proceedings in light of alleged procedural defects, including the absence of the Magistrate’s signature on the charge and whether the charge was read over to the accused, as well as the effect of delay in filing a revision application. It was held that such procedural irregularities do not invalidate proceedings unless resulting in a miscarriage of justice, and that belated objections or unexplained delays in invoking revisionary jurisdiction are fatal to the applicant’s case. The decision reaffirmed the principle that objections to procedural defects must be raised at the earliest opportunity and that revisionary relief requires prompt application and substantiated exceptional

REF: CA PHC APN 118/2014-2022 Category: Tag:
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