Lakshman Ananda Wijemanne Vs Officer-in-Charge, Special Crime Investigation Bureau, Kuliyapitiya. – CA PHC 160/2016-2022

In the case between Lakshman Ananda Wijemanne (4th accused/appellant) and the Officer-in-Charge, Special Crime Investigation Bureau, Kuliyapitiya, with the Hon. Attorney General representing the State, the court addressed the legality of the appellant’s addition as an accused in a criminal proceeding related to alleged misappropriation during a land sale. It was held that the inclusion of the appellant as an accused, absent meaningful evidence of criminal involvement and without recording his statement, violated procedural fairness and the legal requirements for proper investigation and sufficiency of material under the Criminal Procedure Code. The findings established that both the Magistrate’s refusal to discharge the appellant and the High Court’s affirmation thereof did not uphold the