Maryanne Indra Beare vs. Hon. Attorney General et al. – CA WRIT/56/2022-2023

In the case between Maryanne Indra Beare (petitioner) and various respondents including the Attorney General’s Department and Seasons Lanka Retreat Pvt. Ltd., the court addressed the lawfulness of the Attorney General’s exercise of prosecutorial discretion under sections 393(2) and 393(3) of the Code of Criminal Procedure, specifically concerning advice given to terminate criminal proceedings due to insufficient evidence. The matter also questioned whether the Magistrate was obliged to accept such advice in light of pending investigations and the adequacy of the procedural steps in handling the petitioner’s complaint, which alleged contractual breaches and deception in the administration of a rehabilitation program. The holding determined that, at this stage, there is no sufficient ground