Zulkefli Ahmad Makinudin J:

Preliminary

[1] This is essentially a motion seeking to move the court into exercising its revisionary powers to deal with the arrest case No E83-1330-99 filed before the Magistrate court at Kuala Lumpur whereby in that case the applicant as an accused person had been charged for an offence under s 27(5) of the Police Act 1967 ("the Act"). Before the learned trial Magistrate counsel for the applicant had on 28 February 2000 raised a preliminary objection on two issues namely that the consent to prosecute and the charge preferred against the applicant are defective. The learned trial Magistrate dismissed both the issues of preliminary objection. The trial of the applicant before the said Magistrate court had been stayed pending the decision of this court in this application. The applicant now seek from this court the following orders:

(i) that the record of proceedings before the said Magistrate court be called for and examined for the purpose of this honourable court satisfying itself as to the correctness, legality or propriety of the finding made by the learned Magistrate on 28 February 2000 in relation to the consent in writing of the Public Pros