ASOK KUMAR A/L RAJARATHENAM (NO. KP: 751125-07-5119)

ASOK KUMAR A/L RAJARATHENAM (NO. KP: 751125-07-5119)

The High Court found the magistrate had jurisdiction, the investigating officer produced diary entries as required, and the magistrate gave sufficient reasons (albeit handwritten and brief) for a two-day remand; therefore the remand order was valid and the review application was dismissed.

Citation
PA-44-50-12/2020 (Mahkamah Tinggi)
Parties
Applicant/pemohon: Asok Kumar a/l Rajarathenam; Respondent/prosecutor: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 April 2021
Case Number
PA-44-50-12/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Judicial Review (semakan Jenayah) / Decision on Application to Set Aside Remand Order
Outcome
Review application dismissed
Legal Topics
Remand Order, Police Detention, Production Before Magistrate, Compliance With Sections 117 and 119 CPC (ktj), Article 5(4) Federal Constitution
Source Language
Malay/English
Criminal Law Criminal Procedure Constitutional Law Remand Order Police Detention Production Before Magistrate Compliance With Sections 117 and 119 CPC (ktj) Article 5(4) Federal Constitution

Case Brief

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Parties

Asok Kumar a/l Rajarathenam

Applicant/pemohon

Pendakwa Raya

Respondent/prosecutor

Procedural Posture

Criminal Judicial Review (semakan Jenayah) / Decision on Application to Set Aside Remand Order

Legal Issues

  1. 1 Whether the magistrate's remand order was valid and complied with sections 117 and 119 of the Criminal Procedure Code (KTJ)
  2. 2 Whether the application was moot because the applicant was released before the remand period commenced
  3. 3 Whether the magistrate recorded reasons as required by law

Ratio Decidendi

The High Court found the magistrate had jurisdiction, the investigating officer produced diary entries as required, and the magistrate gave sufficient reasons (albeit handwritten and brief) for a two-day remand; therefore the remand order was valid and the review application was dismissed.

Court Disposition

Review application dismissed

Orders

  • The application for judicial review to set aside the remand order is dismissed