Zaleha Rose Pandin J:

Introduction

[1] This in an application by the Applicant vide the Notice Of Motion dated 7 December 2023 [Enclosure 1] praying for the following order:

(a) That both charges that the Respondent as the Public Prosecutor had on the 21 September 2023 preferred against the Applicant in Session Court of Labuan under Criminal Trial No: LBN-61R-1-09/2023 to be set aside or struck out; and

(b) That thereby the Applicant be discharged and acquitted from all of the abovementioned criminal charges that the Respondent had preferred against him on the 21 September 2023 in the Session Court of Labuan WP under the Criminal Trial No: LBN-61R-1-09/2023; or

(c) That in the alternative, thereby all of the abovementioned criminal charges that the Respondent had preferred against the Applicant on the 21 September 2023 under the Criminal Trial No: LBN-61R-1-09/2023 and the entire criminal proceedings pertaining to the same to be stayed permanently.

[2] The Notice of Motion is supported by the Affidavit in Support affirmed by Danial Mah Bin Abdullah on 6 December 2023 [Enclosure 2].

[3] In essence, the Applicant's argument is founded on the premise that the charges preferred ag