MADHUBAHASHINI

VS.

WELAGEDARA AND OTHERS

COURT OF APPEAL
VIJITH MALALGODA, PC J. (P/CA)
PADMAN SURASENA, J.
CA (MC REVISION) 17/2014
MC ATTANAGALLA B/926/2014

Revision - Code of Criminal Procedure Act No. 15 of 1979 - Sections 2,32,108, 135, 136,145, 296, 298, 370(3), 371-Inquest-duty of an inquirer-difference between inquirer and Magistrate.- cause of death - apparent cause of death -judicial order- Bail Act Sections 13, 27 -Incident- Opened fire whilst on duty - Magistrate acting in excess of jurisdiction - Can the inquest proceeding, be challenged by way of revision? No exceptional circumstances - Can the Court act if the order is illegal?

The Police filed report, stating that the death of J had been caused in an incident where suspect Respondent Police Officer - has opened fire whilst on duty. The police officers were at that time engaged in duties pertaining to checking negligent driving, driving under the influence of liquor, breaking traffic laws etc. It was the position of the suspect Respondent that, he was compelled to open fire with his official revolver at the deceased, who being a rider of a motor bicycle, not only failed to obey the