Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 310 ktj
  • 10 Mar 2023

    HASSAN BIN MURAT

    Citation
    RA-44-2-02/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    RA-44-2-02/2023 (Mahkamah Tinggi)

    The High Court refused to exercise its discretion under section 310 KTJ because the petitioner failed to file the proper Petition within the statutory 14-day period, the delay resulted from the prosecuting officer's negligence and incompetence in preparing and verifying the e-Filed document, the applicant did not rebut the respondent's affidavit, and permitting filing out of time would prejudice the accused and defeat the requirement of strict compliance with statutory procedure.