Segusahib Mohamed Aswar vs Thajudeen Mohamed Hameem – CA PHC 83/2018-2023

In the case between Segusahib Mohamed Aswar and Thajudeen Mohamed Hameem with the Attorney General, the court addressed whether the appellant had established sufficient grounds to invoke the revisionary jurisdiction by challenging the Magistrate’s decision refusing to issue summons to the accused in a cheating allegation related to a disputed lease and cheques. It was held that the evidentiary basis was inadequate and contradictory, providing no merit to warrant revision. The principle reaffirmed is that revisionary jurisdiction must only be exercised when clear legal or factual error is demonstrated, relying on provisions of the Code of Criminal Procedure Act. The decision emphasized that unsubstantiated and inconsistent evidence cannot ground the issuance of summons.

Sampath B. Abayakoo