Rajakaruna Herath Mudiyanselage Keerthirathna, Surakkulama, Mudalakkuliya. Vs Premarathna Police Constable, Police Station, Anamaduwa. And Another | No. 491/2011

The Petitioner in his petition states that the 1st
Respondent, Police Constable, Premarathna attached to Anamaduwa
Police Station, on 18/01/2011 came to his residence and wanted to
arrest him on a warrant issued by the learned Magistrate of
Anamaduwa; that the 1st Respondent on 18/01/2011 did not arrest
when he was told that the Petitioner was suffering from an ailment
called Epilepsy; that on 19/01/2011 when he (the Petitioner) went to
the Anamaduwa Police Station with his father-in-law, he (the Petitioner)
was arrested by the 1st Respondent and put him into the Police cell;
and that thereafter on 19/01/2011 he was produced before the
Magistrate and remanded him. The 2nd Respondent in his affidavit
filed in this Court, admits that the Petitioner was produced in the
Magistrate’s Court in connection with M. C. Case No. MC/53886/10/A.
Later on 05/04/2011 on an application made by the Police, the
Petitioner was discharged by the learned Magistrate on the ground that
the Petitioner was not the suspect in the Magistrate’s Court Case No.

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