P. G. Jayantha Ananda vs Officer-in-Charge, Police Station, Colombo Fort – CA PHC/147/17-2022

In the case between the Officer-in-Charge, Police Station, Colombo Fort (Complainant) and P. G. Jayantha Ananda (Deceased Accused-Appellant), with Wahampurage Wijerathne seeking substitution and Jude Kathy de Silva as the petitioner/aggrieved party, the court addressed the issue of whether substitution of a deceased appellant is permissible by a third party who is not next of kin under Section 358 of the Criminal Procedure Act and Section 16 of the Judicature Act. The court held that only the next of kin of a deceased party qualify as an ‘aggrieved party’ entitled to continue criminal proceedings or appeals, and that an individual whose claimed interest is limited to a personal loan relating to the property subject to the proceedings does not satisfy these statutory requirements. The princ