Lakshman Ananda Wijemanne v Officer-in-Charge, Special Crime Investigation Bureau – CA PHC 151/2016-2022

In the case between Lakshman Ananda Wijemanne (Appellant/5th Accused) and Officer-in-Charge, Special Crime Investigation Bureau, Kuliyapitiya (Complainant/Respondent) along with the Hon. Attorney General, the court addressed the issue of whether the appellant was improperly joined as an accused and charged under Sections 389 and 403 of the Penal Code without sufficient investigation or material. It was held that the actions of the lower courts, in adding the appellant as an accused without a statement or direct evidence implicating him and in affirming this procedural lapse, were erroneous. The ruling reaffirmed the principle that a Magistrate must have “sufficient ground” supported by investigation prior to framing charges, as embedded in Section 182(1) of the Code of Criminal Procedure a