Gamini Wickrama Arachchi vs Abeypura Hewage Indika – CA PHC 150/09-2009

In the case between Gamini Wickrama Arachchi (“Erandika” T. V. Centre, Ambalantota) and Abeypura Hewage Indika (with the Attorney General also named), the court addressed the issue of entitlement to possession of vehicle No. 14 Sri 1221 following an allegation of theft. It was held that the High Court Judge exceeded jurisdiction by determining possession while the Magistrate had not yet made an order. The court set aside the High Court Judge’s order and directed a fresh inquiry by the Magistrate under Section 425 of the Criminal Procedure Code. This decision reaffirmed the principle that appellate or revisionary courts must not assume original jurisdiction prematurely, relying on statutory limitations and prior procedural law, thereby reinforcing the need for due process before possession