28 Oct 2024
SHAMSULKAHAR BIN SUAIB 1. ) PEGUAM NEGARA 2. )
- Citation
- AB-44-15-07/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-44-15-07/2024 (Mahkamah Tinggi)
The application was premature and lacked a legal basis for interlocutory quashing: prosecutorial discretion under Article 145(3) FC and s.376 CPC is exclusive and not displaced by the court; the High Court's inherent or revisionary powers are limited and cannot be used to pre-empt a full trial where evidence (including expert testimony) has yet to be led; s.31 CJA revision did not apply as subordinate proceedings had been transferred; s.173(g) CPC does not permit acquittal prior to close of prosecution. Therefore the Notis Usul to strike out the s.302 charge and annul consent was dismissed.