Sampath B. Abayakoon, J.

This is an application by the respondent-petitioner (hereinafter referred to as the petitioner) invoking the revisionary jurisdiction granted to this Court in terms of Article 138 of The Constitution.

Although the petitioner has stated in the heading of his petition that, he is making this application in terms of Article 154 of the Constitution read with the Provisions of Chapter XXIX of the Code of Criminal Procedure Act and Section 9 of the High Court of the Provinces (Special Provisions) Act No. 19 of 1990, I find that the petitioner has mentioned these provisions either purposely or misdirected as to the relevant law. Article 154 of The Constitution has several sub-articles, which does not refer to any power of the Court of Appeal in exercising its jurisdiction. The only sub-article, which refers to the judiciary is the Article 154P, where the High Court of the relevant province has been conferred with the power to exercise appellate, revisionary, and limited writ jurisdiction under certain limited circumstances in relation to judgments and orders pronounced by the Magistrate’s Court and the Primary Courts within its jurisdiction.

The only Article that refers to the Court of Appeal is Article 154P (6) which reads as follows:

(6) Subject to the provisions of the Constitution and any law, any person aggrieved by a final order, judgement or sentence of any Court, in the exercise of its jurisdiction under paragraph (3) (b) or (3) (c) or (4) may appeal therefrom to the Court Appeal in accordance with Article 138.

The above sub-article has no relevance to the application before this Court, as this is not an appeal, but an application seeking the discretionary remedy of revision from this Court.

Chapter XXIX of the Code of Criminal Procedure Act is a Chapter where certain procedural aspects of hearing and determining of an application in revision has been stipulated.

The mentioned Section 9 of the High Court of the Provinces (Special Provisions) Act No. 19 of 1990 refers to an appeal to the Supreme Court from the High Court in certain cases, which has nothing to do with the application before this Court. In accordance with the 13th Amendment to the Constitution, the High Court of the Provinces was established in terms of Article 154P of The Constitution. After its establishment, the appellate and revisionary jurisdiction in respect of the convictions, sentences and orders by Magistrate’s Courts or Primary Courts within the province, stands exclusively within the powers of the relevant Provincial High Court.

The relevant Article 154P (3) (b) reads as follows, (b) Notwithstanding anything in Article 138 and subject to any law, exercise, appellate and revisionary jurisdiction in respect of convictions, sentences and orders entered or imposed by Magistrate’s Court and Primary Courts within the province.

This Article clearly shows that the intention of the legislature had been to grant revisionary and appellate powers to the relevant Provincial High Court as mentioned in the Article.

It is my considered view that in view of the provisions of Article 154P of the Constitution, Article 138 of the Constitution should be read and understood subject to Article 154P (3) (b), where it states that notwithstanding anything in Article 138, the provision of Article 154P shall become operative.

The petitioner has come before this Court seeking to challenge the orders pronounced by the learned Additional Magistrate of Negombo on 25-04-2022 and

29-04-2022, in the Magistrate’s Court of Negombo Case Number M/49423.

The said orders have been pronounced by the learned Magistrate in terms of Section 4 and 5 of the Prevention of Domestic Violence Act No. 34 of 2005 (hereinafter referred to as the Act), which are orders against the petitioner.

These orders are essentially temporary orders until the relevant Court considers the application and decides whether to grant protection orders as stipulated in the said Act.

Section 17 of the Act has provi