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2010 MarsdenLR 3210

HIGH COURT MALAYA KUALA LUMPUR
BALA KRISHNAN APPALA NAIDU – Appellant
Versus
KETUA INSPEKTOR PRABAKARAN SHANMUGAM & ORS (NO 2) – Respondent


Table of Content
1. claim for wrongful imprisonment. (Para 1 , 2)
2. defendants' denial and issue of remand order. (Para 3 , 4 , 19)
3. court's focus on defined issues. (Para 6 , 10 , 32)
4. importance of pleadings and amendments. (Para 8 , 9 , 12 , 30)
5. validity of remand order leads to dismissal of claim. (Para 33 , 36 , 43)
VT Singham J:

[1] The plaintiff's claim is for general damages, including exemplary and aggravated damages, special damages, interest and costs for false/wrongful imprisonment against Chief Inspector Prabakaran a/l Shanmugam, the first defendant, who was the arresting officer (now Deputy Superintendant of Police), the Ketua Balai Polis Rawang, the second defendant and the Government of Malaysia, the third defendant.

[2] Briefly, the background facts, as obtained from the plaintiff's statement of claim is as follows:

The plaintiff was arrested on 2 January 2000 at about 2am by the first defendant and detained at the Rawang Police Station from 2 January 2000 till 5 January 2000 without having obtained the remand order pursuant to art 5(4) of the Federal Constitution , s 28 and s 117 of the Criminal Procedure Code . The plaintiff was then released unconditionally by th

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