Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Quashing indictment
  • 25 Sept 2024

    SEEMA ELIZABETH ISOY

    Citation
    WA-44-60-06/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-44-60-06/2024 (Mahkamah Tinggi)

    The High Court, exercising its inherent jurisdiction in special circumstances, may quash a charge pre-trial where the charge is demonstrably baseless; section 173(g) CPC does not bar a pre-trial application of this nature because s.173(g) operates during trial; on the facts the evidence showed payments were authorised and not dishonest (meeting resolution, DBKL findings, repayment by WWMC and involvement of third party), therefore the charge did not disclose a prima facie offence and the application to quash succeeds.