Lakshman Ananda Wijemanne vs. Officer-in-Charge, Special Crime Investigation Bureau – CA PHC 145/2016-2022

In the case between Lakshman Ananda Wijemanne (5th Accused/Appellant) and the Officer-in-Charge, Special Crime Investigation Bureau, Kuliyapitiya and the Hon. Attorney General (Respondents), the court addressed the propriety of the appellant’s addition to criminal proceedings absent a thorough investigation or sufficient evidentiary basis. It was held that the Magistrate’s inclusion of the appellant, without recording his statement or adequate inquiry, and the High Court’s subsequent denial of relief, were improper and contrary to the principles of procedural fairness as established by section 182(1) of the Criminal Procedure Code. The decision reaffirmed the requirement that every accused must receive a fair investigation prior to the framing of charges, relying on authorities such as Vic

REF: CA PHC 145/2016-2022 Category: Tag:
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