Hon Attorney General Vs. M.G.R.Manoj Kumara and Others – CA HC/13/2014-2018

In the case between Hon Attorney General (Complainant-Appellant) and M.G.R. Manoj Kumara, W. Niroshan (Accused-Respondents), the court addressed whether the State may maintain an appeal in a criminal matter involving questions of fact or mixed law and fact without first obtaining leave from the Court of Appeal as mandated under Section 15(a)(ii) of the Judicature Act No. 2 of 1978. It was held that failure to obtain such leave is a procedural bar to the appeal being maintained. This principle was reaffirmed by reference to both judicial precedent and the clear wording of the statute, emphasizing that compliance with statutory requirements for leave is mandatory in appeals on fact or mixed law and fact arising from non-jury trials.

S. Thuraiaraja, PCJ. — It was established that a prelimin