S.P. Thilakarathna vs OIC, Police Station, Rabukkana – CA PHC NO. 02/06-2013

In the case of S.P. Thilakarathna (Appellant) v. OIC, Police Station, Rabukkana, and Hon. Attorney General (Respondents), the court considered whether the appellant’s appeal could be withdrawn with a reservation of the right to pursue further legal relief before the Supreme Court if permitted. It was held that the withdrawal should be allowed and the appeal dismissed, but the dismissal is expressly subject to the reservation of the appellant’s right to apply to the Supreme Court, “if such a course is open now.” The decision reaffirmed the principle that the withdrawal of an appeal may be made with reservations, provided such further action is not statutorily precluded. The ruling emphasizes procedural fairness and the avenue for higher recourse, respecting statutory limits.

A.W.A. Salam J