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2021 MarsdenLR 2629

COURT OF APPEAL PUTRAJAYA
TEO CHEE KONG – Appellant
Versus
PP – Respondent


Petitioner Advocates:Roland Cheng,Ram Singh,Kimberly Ye Wan Chuin,Michele Yee ,Respondent Advocate: Allan Suman Pillai

JUDGMENT

Mohamad Zabidin Mohd Diah JCA:

Introduction

[1] This is an appeal against the decision of the learned High Court Judge which was delivered on 26 March 2018 in dismissing the Appellant's Notice of Motion dated 6 February 2018 to quash all the 146 charges which are pending against the Appellant in the Sessions Court.

[2] The order the Appellant was seeking in the Notice of Motion (NOM) before the learned High Court Judge was that:

1. (a) The conduct of the Public Prosecutor by initiating two (2) Forfeiture Proceedings, one (1) Prohibitory Proceeding in High Court and one (1) Forfeiture Proceeding in the Sessions Court and after obtaining judgments in the High Court on 13 December 2017 had subsequently thereafter on 13 December 2017 instituted 146 charges against the Applicant/ Accused in the Sessions Court (hereinafter referred to as "said 146 charged") amount to multiplicity of criminal proceedings, is mala fide, oppressive and an abuse of the process of the Court;

(b) If the answer to issue abovementioned is in the affirmative, then the said 146 charges in the Sessions Court should be dismissed and / or quashed under the inherent power and / or general supervisory jurisdiction o


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