Home Sri Lankan Cases Officer in Charge, Police Station,Kalkudah vs Nadarasa Srikanth and others, Velayutham Sivarani and others

Court
DC/MC Valachenai
Bench
N/A
Key words
Section 81 of the Code of Criminal Procedure
Cases referred to

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Counsel who appeared
Date of Decision
N/A
Judgement by Name of Judge/s
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Noteworthy information relating to the case

Settlement

Other information

N/A

Officer in Charge, Police Station,Kalkudah vs Nadarasa Srikanth and others, Velayutham Sivarani and others

PC/35019/19

Facts of the case

The Major complaint of the residents of the Karumkalisolai (2nd Party who are Hindu) against the 1st party (Non Roman Catholic) to the Police is the1st party was congregating without getting the license. At the same time, the 1st party also made a complaint against the 2nd party in this case. They were disturbing the 2nd party without any proper reason. the 2nd party warned and caused fear to the 1st party. In these circumstances, the Police composed both complaints and filed the case against them.

Findings related to FoRB

FoRB violation – Manifestation: worship, observance, practice, teaching; Discrimination

Holding/Decision

According to the First party’s objection, the 1st and 2nd parties’ complaints were not of the same content. and the cause of action of this case also differs from each one and both were disputed parties of this case. So cannot comprise both complaints together and filed the action in the same case is not relevant. The Rule that “Persons of opposite factions involve public disturbance cannot be tried together as per the 81 of Criminal procedure code was highlighted in this case.

Both Parties made an application before the court willing to maintain the peace and settle this matter. Court ordered that the case be terminated as per the application.