B.W. Wasantha Pushpakumara Vs. Hon. Attorney General – CA PHC APN 65/2014-2014

In the case between the Hon. Attorney General, Attorney General’s Department, Colombo 12 (Plaintiff/Respondent) and B.W. Wasantha Pushpakumara (Accused/Petitioner), the court addressed the procedural issue of whether the accused petitioner’s application should proceed in light of a request for withdrawal by the petitioner. It was determined that, upon the petitioner’s counsel moving for withdrawal, the application was allowed, and the petition was dismissed accordingly. The decision reaffirmed the procedural principle that voluntary withdrawal of a petition by the petitioner results in summary dismissal, based on the authority of the court to manage its own process. The outcome emphasizes that once a withdrawal is granted, the petition cannot proceed further.

K. T. Chitrasiri J. — It was