IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for mandates in the nature of writs of Certiorari and Mandamus in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Yattowita Withanage Hersha Shiromani Ralapanawa CA (Writ) application No: 482/ 2024 No. 56/20, Kumaragewaththa Road, Pelawatta, Battaramulla PETITIONER -Vs-

1. Officer-In-Charge Commercial Crimes Investigation Unit 3, Criminal Investigation Department, York Street, Colombo.

2. The Attorney General The Attorney General's Department Colombo 12.

3. The Hon. Chief Magistrate Colombo Magistrates Court Colombo

4. Niranjan Dilshan Hemapala

67A Asiri Place, Raja Mawatha Rathmalana.

5. Liyanage Don. Nihal Mangala Jayasinghe No. 90 Lakshpathiya, Moratuwa

6. Madurage Don Anura Dissanayake "Bandula", Palathota, Kalutara South RESPONDENTS Before: S. U. B. Karalliyadde, J.

Mayadunne Corea, J.

Counsel: Nalin Ladduwahetty, P.C with Hafeel Farisz instructed by Shayamali Athukorala for the Petitioners.

Dilan Ratnayake, P.C. ASG with Wishwa Wijesuriya, SC for the 1^st to 3^rd Respondents.

Supported on: 28.10.2024 Order Delivered on: 06.02.2025 S. U. B. Karalliyadde, J.

This Order pertains to the issuance of formal notices to the Respondents. In a nutshell, the facts related to this Application are as follows. The Petitioner's father by way of a Deed of Gift bearing number 7788 and dated 09.08.1999 marked as P2 gifted the land named Bogahawatta to the Petitioner and her two sisters. The Petitioner and her elder sister transferred their rights to the land to the Petitioner’s younger sister, known as Achala Abeysinghe and her husband. Thereafter, Petitioner’s younger sister Achala Abeysinghe and her husband by a Deed of Gift bearing No. 9751 and dated 15.12.2013 marked as P6 gifted the land to the Petitioner making the Petitioner the sole owner. The Petitioner submitted to the Court that her father had signed the said Deed of Gift marked as P6 as a witness. The Petitioner allege that her brother who is the 4^th Respondent of this Application has forged the signature of their father and prepared the Deed bearing No. 356 dated 15.11.2012 marked as P3 to revoke the Deed of Gift marked as P2. The Petitioner further states that her father passed away on 27.03.2015 and P3 has been registered in the Land Registry on 05.10.2015 (P5) after the demise of the father. The Petitioner alleged that the 4^th Respondent had forged their father’s Last Will bearing No. 447 dated 07.02.2014 marked as P4 in which the 4^th Respondent has been named as the sole beneficiary of the said Last Will to receive the land hereinbefore-mentioned named Bogahawatta.

On 19.01.2018 the Petitioner made a complaint to the Criminal Investigation Department about the fraudulent acts of the 4^th Respondent. After conducting the investigations, the Officer-In-Charge of the Commercial Crimes Investigation Unit 3 (the 1^st Respondent) has arrested the 4^th Respondent and the 5^th Respondent. The 5^th Respondent had been a witness to the Revocation of the Deed of Gift marked as P3 and the Last Will marked as P4. The 4^th and 5^th Respondents had been charged by the Police for forgery, forgery for cheating and using a forged document as a genuine document under Sections 454, 457 and 459 of the Penal Code, respectively. The Petitioner has submitted to the Court that the Notary Public who has executed P3 and P4 was dead by the time of arrest of the 4^th and 5^th Respondents and the second witness to the said deeds was never arrested. The Petitioner has drawn the attention of the Court to the fact that the Examiner of Questionable Documents (EQD) Report dated 11.10.2018 marked as X4 reveals that the signature of the Petitioner’s father and the signature contained in the Revocation of Deed of Gift marked as P3 were not the same. The Petitioner alleges that, according to the EQD Report dated 06.09.2019 marked as X5A, the signature in the Last Will marked as P4 is no