Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 425 criminal procedure code
  • 12 Aug 2025

    MUTHU A/L MUNIANDY

    Citation
    JK-83-51-10/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JK-83-51-10/2023 (Mahkamah Majistret)

    Application to recall SP1 and SP2 under section 425 was dismissed because prosecution had already presented and re-examined the witnesses and the exhibits at court, had opportunity to address identification issues earlier, and the requested recall would amount to curing the prosecution's evidential deficiency rather than producing evidence essential to a just decision; section 425 must be exercised cautiously and not to allow after-the-fact improvements of a party's case.