Okanda Silva and others Vs. Chandrika Kumari – C A PHC APN 175/2017-2017

In the case between Okanda Silva, Rajeewa S Lokugamhewa, T Dilhani S Silva, M B D Silva, Chamila J Sanndage (as directors of Vayamba Development Farming Corporation Ltd) and Chandrika Kumari Thambawita, the court addressed the issue of whether the Accused-Petitioners were entitled to revisionary relief against the order of the Provincial High Court, which affirmed the Magistrate’s decision to issue summons based on a private plaint under section 136(1)(a) of the Code of Criminal Procedure Act No. 15 of 1979. It was held that in the presence of an available statutory right of appeal, revisionary powers should be exercised only in exceptional circumstances. As no such circumstances or resulting prejudice from merely facing trial were established, the application for revision was dismissed wi

REF: C A PHC APN 175/2017-2017 Category: Tag:
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