Pallewaththa Gamaralalage Maithreepala Yapa Sirisena vs. Honourable Magistrate, et al. – WRIT/354/2022-2023

In the case between Pallewaththa Gamaralalage Maithreepala Yapa Sirisena (Petitioner) and The Honourable Magistrate and Registrar of Magistrate’s Court Colombo 01, Rev. Cyril Gamini Fernando, and Jesuraj Ganeshan (Respondents), the court addressed the issue of whether summons issued by the Magistrate’s Court were lawfully exercised under section 139(1)(ii) of the Code of Criminal Procedure. The proceedings also considered the appropriateness of referring the matter to a full bench of the Court of Appeal and the impact of ongoing criminal proceedings on the instant application. It was held that due to the gravity of the offenses alleged and the complex legal issues, the matter should be heard by the five most senior Justices of the Court of Appeal, and proceedings in the Fort Magistrate’s C