31 May 2024
OOI CHIENG SIM
- Citation
- PB-44-21-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PB-44-21-11/2023 (Mahkamah Tinggi)
The Sessions Court order releasing the accused DNAA was quashed because it was legally improper: the prosecution did not apply for discharge under s.254 CPC but instead sought a warrant for the absent investigating officer; the Sessions Court should have issued the arrest warrant and continued the trial rather than granting DNAA on the ground of witness non-attendance. Therefore High Court set aside the DNAA, ordered reinstatement of prosecution and issuance of warrant for the investigating officer, remand and continuation of the trial; the Sessions Court acted beyond lawful discretion in the…