Sobhitha Rajakaruna J.

The 3^rd and 4^th Respondents on 16.09.2022 have filed a private plaint in the Fort Magistrate’s Court by way of the case bearing No. 23084/2022, in terms of Section 136(1)(a) of the Code of Criminal Procedure Act No. 15 of 1979 (‘CCPA’) against the Petitioner of the instant application. The said Respondents allege, inter alia, in the said complaint marked as ‘P3’ that the Petitioner has committed an offence under Section 298 of the Penal Code by doing negligent acts causing the death of the persons described in the 1^st Schedule to the plaint and also has committed an offence under Section 329 of the Penal Code by doing acts negligently causing grievous hurt to the persons described in the 2^nd Schedule to the Plaint. The draft charges are annexed to the said Plaint.

The learned Magistrate of the Fort Magistrate’s Court (‘the learned Magistrate’) having heard the oral submissions on behalf of the 3^rd and 4^th Respondents made an order, marked ‘P4’, on 16.09.2022 issuing summons on the Petitioner requiring the Petitioner to be present in the Magistrate’s Court on 14.10.2022. The Petitioner by way of this application is seeking to quash the said order, marked ‘P4’, c