Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 173(g) cpc

Legal area

Court

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…
7 Oct 2019

PENDAKWARAYA PP (AADK) YIN JOU LI

Citation

MB-83D-307-07/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MB-83D-307-07/2019 (Mahkamah Majistret)

Magistrate held that the omission of the date in the charge rendered the prosecution unable to bring a complete charge to court at that stage; because full trial had not commenced and evidence had not been called, the defect was curable and the appropriate remedy was discharge not amounting to acquittal under s173(g) CPC, with bail returned, allowing prosecution to amend and continue proceedings later.