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2013 MarsdenLR 2352

COURT OF APPEAL PUTRAJAYA
MOHD RAFIZI RAMLI – Appellant
Versus
PP – Respondent


Table of Content
1. appeal background and facts of the case. (Para 1 , 1 , 4)
2. appellant's contentions regarding prosecution motives. (Para 2 , 5 , 6 , 7)
3. court's analysis of prosecution's authority and allegations. (Para 3 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)

[1] This is an appeal against the decision of the High Court in refusing an application by the appellant by way of Motion in a Criminal Application for the Court to exercise the discretionary powers under its inherent jurisdiction and under s 5 of the Criminal Procedure Code ("CPC"). The reliefs sought by the appellant at the High Court read as follows:

1. That this Honourable Court makes an order that the criminal charge and prosecution against the applicant under s 97(1) of the Banking and Financial Institutions Act 1989 and punishable under s 103(1)(a) of the same Act that is read together with Serial Number 126 of the Fourth Schedule of the same Act at the Shah Alam Sessions Court, Criminal Case No: 62D-(213 & 214)-07-2012 is stayed and/or set aside and quashed;

2. Further that the Honourable Court orders that the applicant be discharged and acquitted;

3. That the proceeding of Criminal Case No: 62-D(213 & 214)-07-2012

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