Perera v. Officer In Charge, Scib, Kalutara – sllr 1999 volume 3 page 407

In the case between the accused-petitioner and the Officer In Charge, SCIB, Kalutara, the court addressed whether a technical defect in the petitioner’s affidavit—specifically its non-compliance with the prescribed formalities—bars judicial consideration of the merits of a revision application. The court held that a purely technical objection should not prevent adjudication on the merits, reiterating the principle that procedural irregularities which do not go to the substance of a case should not thwart substantive justice. Reliance was placed on sections 189 and 314 of the Code of Criminal Procedure Act and relevant precedents, with emphasis that an indication from police of unwillingness to proceed does not amount to an acquittal, and that the merits ought to be examined. The case was r