Kirana Gamage Sudara Nicholas Kariyawasam Vs. The Officer-in-Charge, Police Station, Payagala and others – CA PHC APN 108/2013-2013

In the case between Kirana Gamage Sudara Nicholas Kariyawasam (5th Accused-Petitioner-Petitioner) and the Officer-in-Charge, Police Station, Payagala, the Court of Appeal addressed the legality of an order made by the Magistrate of Kalutara which directed the eviction of the petitioner from Princes Grace Orphanage prior to the establishment of guilt in criminal proceedings. The primary holding determined that such an order was unlawful, as the Magistrate lacked legal authority to impose eviction as an interim relief in criminal proceedings before the issues of guilt were resolved. The principle was reaffirmed that Magistrates cannot convert criminal proceedings into civil matters and cannot use criminal procedure to order dispossession. Reliance was placed on authorities such as R.C. Ferna