Lakshman Ananda Wijemanne vs Officer-in-Charge, Special Crime Investigation Bureau – CA PHC 155/2016-2022

In the case between Lakshman Ananda Wijemanne (Appellant/Petitioner) and the Officer-in-Charge, Special Crime Investigation Bureau, Police Superintendent Kuliyapitiya, and the Hon. Attorney General (Respondents), the court addressed the issue of whether proper legal standards and due criminal procedure were observed in adding the appellant as an accused in a land fraud case without adequately investigating or recording his statement. The court held that the inclusion of the appellant as an accused was unsupported by sufficient material and that both the Magistrate and the High Court failed to observe the essential requirements of a fair and proper investigation prior to prosecution, as required under Section 182(1) of the Criminal Procedure Code. It was reaffirmed that charges may only be