26 Jan 2024
MOHAMED SIDDIQ BIN ANWAR BATCHA
- Citation
- WA-42K-10-11/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-42K-10-11/2022 (Mahkamah Tinggi)
The High Court held the Sessions Court correctly exercised its discretion in granting a DNAA under section 254(3) CPC; the default position upon withdrawal is DNAA, and a DAA is only appropriate where circumstances justify depriving the prosecution of its Article 145(3) FC discretion; prosecution may lawfully prefer charges before completing further investigation and pursue or withdraw later without that rendering the charge groundless, therefore the revision application to set aside the DNAA was dismissed and the DNAA affirmed.