Officer-in-Charge, Special Criminal Investigation Unit v. Lasantha Pradeep Kumara Wijesinghe – MCR/001/2022-2022

In the case between Officer-in-charge, Special Criminal Investigation Unit Police Station, Ratnapura, and Lasantha Pradeep Kumara Wijesinghe with Hegodagamage Kamali Sulochana Kariyawasam (among others), the court addressed whether the Magistrate correctly exercised judicial discretion under Section 120(3) of the Criminal Procedure Code (CPC) in refusing to discharge the suspects. It was held that the Magistrate’s order was misconceived in law due to a failure to independently evaluate the adequacy of the investigation and the evidence required to establish a prima facie case, particularly with regard to distinguishing individual from corporate liability. The findings emphasized that judicial evaluation under Section 120(3) CPC must not consist of a mechanical acceptance of the investigati