Manthaka Gamage Ruwan Ajantha vs Hon. Attorney General – CA 219/2016-2016

In the case between the Democratic Socialist Republic of Sri Lanka (Plaintiff/Complainant) and Manthaka Gamage Ruwan Ajantha (Defendant/Accused-Appellant), the issue concerned the right to appeal following a High Court’s refusal to set aside a conviction and sentence delivered in absentia under Section 241(3) of the Code of Criminal Procedure Act. It was held that no right of appeal exists against orders made under Section 241(3), as such orders are incidental and not considered final judgments unless a de novo trial is ordered. The decision relied on statutory interpretation and the precedent established in Padmasiri v. Attorney General, reaffirming that appellate jurisdiction does not extend to interlocutory or incidental orders except when statutorily provided. The appeal was dismissed