Spenser Wilkinson J:

The appellant was charged in the Sessions Court with three charges of criminal intimidation under s. 506 of the Penal Code. Subsequently the charges were withdrawn by the DPP under the provisions of s. 187 of the Criminal Procedure Code, and the learned President discharged the appellant of and from the charges but did not order that such discharge should amount to an acquittal.

It would appear that although the appellant was represented by Counsel the attention of the learned President was not drawn to the numerous decisions of the Courts in this country to the effect that cause is otherwise shown a discharge under this section should amount to an acquittal.

My decision to this effect in PP v. Suppiah Pather Criminal Revision No. 14 of 1951 - unreported does not appear to have been reported, but in that case I made reference to the three following reported cases PP v. Mat Zain bin Yahaya [1949] MLJ 147; [1948-49] MLJ Supp Goh Oon Keow & Anor. v. Rex [1949] MLJ 35 and Seet Ah Ann v. PP [1950] MLJ 293; 1 MLR 242.

In addition to these reported cases there are numerous cases in which, acting in revision, I have altered orders from a simple discharge to discharges amounting to an acquittal.

Following all these decided cases, I therefore vary the order made by the learned President in this case, and substitute therefor an order that the appellant be discharged of and from the charges, such discharge amounting to an acquittal.

Appeal allowed.