Welivita Don Kusumitha Muditha Perera vs Officer-in-Charge, Police Station, Polonnaruwa and Hon. Attorney General – CA PHC APN/45/2014-2014

In the case between Welivita Don Kusumitha Muditha Perera and the Officer-in-Charge, Police Station, Polonnaruwa, with the Hon. Attorney General as respondent, the court addressed whether the application filed by the applicant should be allowed to proceed or be dismissed following a motion to withdraw the application. It was held that upon request by the applicant’s counsel, the application was permitted to be withdrawn and was accordingly dismissed. This decision was based on established procedural practice regarding withdrawal of applications, reinforcing that, upon a proper motion by counsel, withdrawal should be permitted and the matter formally concluded.

K.T. Chitrasiri J. — The findings established that, upon motion by counsel for the applicant-petitioner-appellant to withdraw the