Judarson Fernandas vs Hon. Attorney General – CA PHC APN 136/2019-2021

In the case between Judarson Fernandas (Accused-Petitioner) and the Hon. Attorney General (Complainant-Respondent), the Court of Appeal addressed whether an application for revision under Article 138 of the Constitution of Sri Lanka should be entertained following a withdrawal request. It was determined that the application, having been formally withdrawn by the Accused-Petitioner through counsel, warranted dismissal. The holding reaffirmed the principle that an application once withdrawn is not subject to further adjudication, underscoring procedural finality. The decision relied on procedural rules governing revision applications and court practice, with emphasis on the importance of respecting voluntary withdrawal motions.

Menaka Wijesundera J. — The findings established that upon a r