Upali Indrathilake Amadoru v. Officer-in-Charge, Special Criminal Investigation Unit, Police Station, Wennappuwa – SC APPEAL 12A/2009-2011

In the case between Upali Indrathilake Amadoru (Accused-Petitioner-Petitioner-Appellant) and the Officer-in-Charge, Special Criminal Investigation Unit at Wennappuwa Police Station and the Attorney General, the court addressed whether a Magistrate’s order of discharge constituted an acquittal under Section 186, and if it fell within the scope of Section 314 of the Criminal Procedure Act. It was determined that only an order resulting from evidentiary proceedings qualifies as an adjudicative verdict, whereas a discharge without such proceedings merely amounts to a discontinuance of the prosecution. The legal analysis relied on Sections 182–187 and 314 of the Criminal Procedure Act and case authorities including Fernando v. Rajasooriya and Premadasa v. T. E. R. Assen. Affirming the Court of

REF: SC APPEAL 12A/2009-2011 Category: Tag:
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