Padmani Arnolda Vs. The Range Forest Officer and others – CA PHC APN 32/2012-2012

In the matter between the Range Forest Officer, Kahatagasdigiliya (Complainant), and several accused including Rajapaksha Mudiyanselage Gegara Kularathne Banda and Kadirathage Wijerathne, with Marasinghe Mudiyanselage Thilakaratne Marasinghe and Padmani Arnolda (Claimant-Petitioners), the court considered a revision application relating to proceedings under Article 138 of the Constitution and Section 364 of the Code of Criminal Procedure Act No. 15 of 1979. On application by counsel for the petitioner, withdrawal of the petition was granted, resulting in dismissal of the proceedings without consideration of the merits. This decision reaffirmed the principle that judicial discretion may be exercised to permit withdrawal of petitions, and once granted, closes the matter at the interlocutory

REF: CA PHC APN 32/2012-2012 Category: Tag:
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