Office in-charge, Police Station, Kuttigala vs Weerathungage Gunasekara – CA NO. 115/2012-2012

In the case between the Office in-charge, Police Station, Kuttigala (with Hon. Attorney General as Respondent in appeal) and Weerathungage Gunasekara, the court addressed the issue of whether the accused-appellant’s appeal should be withdrawn and consequently dismissed. It was held that, upon application by the accused-appellant’s counsel, the appeal was permitted to be withdrawn and accordingly dismissed. This holding reaffirmed the principle that a party may withdraw an appeal with the leave of court, provided the procedural requirements are satisfied. The decision was guided by procedural law governing criminal appeals, emphasizing the court’s role in allowing withdrawal of appeals on application by the appellant.

Sisira De Abrew J. — It was determined that, following an application b