Elal Jayantha v. Officer-In-Charge, Police Station, Panadura – sllr 1986 volume 1 page 334

In the case between Gamage Don Elal Jayantha and the Officer-in-Charge, Police Station, Panadura, the court addressed whether proper procedure was followed in handling a nuisance complaint regarding the operation of a metal crushing machine under sections 98(1)(b), 98(2), and 436 of the Code of Criminal Procedure Act. The court held that, although a procedural irregularity occurred due to the Magistrate’s failure to issue a conditional order, the lack of substantial prejudice to the respondent and significant passage of time rendered the defect non-fatal. The principle reaffirmed is that justice must not be compromised by mere procedural lapses when no real prejudice results. The decision relied upon a strict reading of the Code of Criminal Procedure and recognized the importance of adheri