The High Court cannot exercise supervisory powers without ongoing proceedings in subordinate courts, emphasizing the necessity of procedural compliance in criminal inquiries.

JUDGMENT

Suriyati Hasimah Mohd Hashim JC:

Introduction

[1] This is an application by way of Notice of Motion for a revision under s 323 Criminal Procedure Code (CPC) to be heard by this court. The application was brought forth by Muhammad Atif bin Abu Bakar (No.K/P: 020615-06-0607) (the deceased) biological father. The purpose of the application was for this court to grant an order of inquest (inquest) to be held and further investigation on the cause of death of the deceased. It is with regrets to mention that the deceased has died on a fateful day of December 19, 2022.

[2] The main argument by the Counsel representing the Applicant is to persuade this court to resort its inherent jurisdiction under of s 35 of the of Judicature Act 1964 (CJA) in hearing and granting the Applicant's requests.

[3] This court has heard and deeply deliberate on merits by both parties submissions and has decided to dismissed this application. Upon dissatisfaction of this court's decision, the Applicant has filed an appeal.

Historical Facts of Matter

[4] The deceased was a 20 years old trainee at Mersing Industrial Training Institute, Johor (the Institute). According to the Applicant, his son was a healthy young man and has no known health problems, including mental health.

[5] On 17 December 2022 at about 8pm, he received a phone call from his son asking him to come to the said Institute and bring him home. It is rather peculiar since the deceased had just returned from a holiday with his family.

[6] Later, on 18 February 2022 the Applicant went to the Institute. On the way, he was contacted by the Warden of the Institute by the name Encik Fazed asking him to come and pick up the deceased as the deceased was not feeling well.

[7] When the Applicant was about to arrive at the Institute, somehow the Applicant saw the deceased walks by while clads only trousers without a shirt. The Applicant went to the deceased and asked the deceased to get into the car. The deceased obliged, but before long the deceased suddenly went out of the car and disappeared.

[8] Soon after, Encik Fazed found the Applicant and asked him to wait in the area while he went to a police station to file a police report in regards with the incident. After a consideration amount of time of waiting, the Applicant was advised to wait at home, while the police and the nearby villagers performed a searched on the deceased. To appease a worried heart, the Applicant conducted a search of his own in Mersing area, but to no availed. Eventually, the Applicant decided to wait at home.

[9] On a fateful date of 19 February 2022, the Applicant received a devastating news by the police informing him that his son has been found dead. His body was located inside the Surau of Taman Wawasan, Mersing.

[10] During identification of the remains of his son at Mersing Hospital, the Applicant was further saddened by the appearances of blood, bruises together with traces of wounds all over his son lifeless body. The Post Mortem Report confirmed that the cause of death as "traumatic asphyxia" with the occurrences of 53 signs of injury.

[11] Unfortunately, the police has decided and informed the Applicant, "No further investigation will be conducted". Dissatisfied by the result, the Applicant has since written to the Johor State Legal Advisor's Office and the Attorney General's Chambers in Putrajaya pleading for an inquest and further investigation to the cause of death of his son. The Applicant has yet to receive a satisfactory result from both administrations. This has been going on for two (2) whole year. Now here lies the Applicant's application to be heard by this court.

Aims Of The Applicant

[12] An inquest should be held based on all laid facts.

[13] This court has jurisdiction to grant the application by resorting to its supervisory and revisionary power provided under court by triggering the inherent jurisdiction of a High court on the matter.

Objections By The Respondent

[14] This was an irregular application by the